
[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Pages 5471-5474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01502]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2012-1091]


Availability of Draft Environmental Assessment for the Proposed 
Modification of the Bayonne Bridge Across the Kill Van Kull Between 
Bayonne, Hudson County, NJ and Staten Island, Richmond County, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability extending comment period and notice of 
third public meeting.

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SUMMARY: This notice extends the public comment period on a Draft 
Environmental Assessment (Draft EA) which examines the reasonably 
foreseeable environmental impacts and socio-economic impacts of the 
proposed modification of the historic Bayonne Bridge across the Kill 
Van Kull between Bayonne, New Jersey and Staten Island, New York. This 
notice also announces a third public meeting, in Newark, NJ, on this 
Draft EA. Because the Bayonne Bridge is a structure over navigable 
waters of the United States, the proposed bridge modification would 
require a Coast Guard Bridge Permit Amendment. This notice provides 
information on how to participate in the public comment process for the 
Draft EA, which includes an opportunity to submit oral or written 
comments at three public meetings to consider an application by the 
Port Authority of New York & New Jersey (PANYNJ) for Coast Guard 
approval of the modification to the Bayonne Bridge across the Kill Van 
Kull.

DATES: Written comments and related material may be submitted to our 
online docket via http://www.regulations.gov on or before March 5, 
2013, or must reach the Docket Management Facility by that date.
    The public meetings will be held on February 5, 2013, in Bayonne, 
NJ, February 7, 2013, in Staten Island, NY, and February 13, 2013, in 
Newark, NJ (see the Background and Purpose section below for more 
details). As previously noted for the first two meetings, any requests 
for an oral or sign language interpreter must be received by January 
25, 2013. Such requests for the February 13, 2013 meeting in Newark, 
NJ, must be received by February 1, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-1091 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.
    We have provided a copy of the Draft EA (document USCG-2012-1091-
0002) in our online docket at http://www.regulations.gov. Also, the 
Coast Guard First District Bridge Office at 1 South Street Bldg 1, New 
York, NY 10004-1466 will maintain a printed copy of the Draft EA for 
public review. The document will be available for inspection at this 
location between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays. The document will also be available for

[[Page 5472]]

inspection in the locations shown in the section below titled ``Viewing 
the comments and the Draft EA.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice 
or the public meetings, call or email Christopher Bisignano, Bridge 
Management Specialist, First Coast Guard District, U.S. Coast Guard; 
telephone 212-668-7165, email Christopher.J.Bisignano@uscg.mil. If you 
have questions on viewing or submitting material to the docket, call 
Docket Operations at 202-366-9826.
    Authority: The Draft Environmental Assessment has been prepared in 
accordance with the National Environmental Policy Act (NEPA) (42 United 
States Code (U.S.C.) 4321 et. seq.); Council on Environmental Quality 
(CEQ) Regulations for Implementing NEPA (40 Code of Federal Regulations 
(CFR) 1500-1508) and associated CEQ guidelines; Department of Homeland 
Security Management Directive 5100.1, Environmental Planning Program; 
and United States Coast Guard (USCG) Commandant Instruction (COMDTINST) 
M16475.1D, National Environmental Policy Act Implementing Procedures 
and Policy for Considering Environmental Impacts.

SUPPLEMENTARY INFORMATION: On January 4, 2013, the Coast Guard 
published a notice in the Federal Register announcing the availability 
of the Draft EA, inviting comments on it, and announcing the dates and 
locations of two public meetings on the Draft EA (78 FR 740). This 
notice supplements that earlier notice by extending the comment period 
to March 5, 2013, and it announces a third public meeting to be held 
February 13, 2013, in Newark, NJ. Please note that it is the U.S. Coast 
Guard Office of Bridge Programs' policy to provide 30 days of notice 
prior to holding a public meeting; however, due to extenuating 
circumstances, that policy is being waived for the third public meeting 
in Newark, NJ.

Public Participation and Request for Comments

    We encourage you to submit comments and related material on the 
Draft EA. All comments received, including comments received at the 
public meeting, will be posted, without change, to http://www.regulations.gov and will include any personal information you have 
provided.
    Submitting comments: If you submit a comment, please include the 
docket number for this notice (USCG-2012-1091) and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online, or by fax, mail or hand delivery, but please use only 
one of these means. 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, 
insert ``USCG-2012-1091'' in the Search box, press Enter, and then look 
for this notice in the docket and click the Comment button next to it. 
If you submit your 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 them 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.
    Viewing the comments and the Draft EA: To view the comments and 
Draft EA go to http://www.regulations.gov, insert ``USCG-2012-1091'' in 
the Search box, press Enter, then click on the ``Open Docket Folder'' 
option. If you do not have access to the Internet, you may view the 
docket online by visiting 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. The Draft EA is also available online at 
http://www.uscg.mil/d1/prevention/Bridges.asp, www.dhs.gov/nepa, and 
http://www.panynj.gov/bayonnebridge/, and is available 10 a.m.-3 p.m., 
Monday through Friday (except Federal holidays and as noted below), for 
inspection at the following locations:

1. U.S. Coast Guard Battery Bldg, 1 South Street, Building 1, New York, 
NY 10004
2. U.S. Coast Guard Sector New York, 212 Coast Guard Drive, Staten 
Island, NY 10305
3. Bayonne City Hall, 630 Avenue C, Bayonne, NJ 07002
4. Staten Island Borough Hall, 10 Richmond Terrace, Room 100, Staten 
Island, NY 10301
5. Bayonne Public Library, 630 Avenue C, Bayonne, NJ 07002 (Also 
available from 12 p.m.-5 p.m. on Saturdays)
6. Port Richmond--NY Public Library, 75 Bennett Street, Staten Island, 
NY 10302 (Also available 12 p.m.-5 p.m. on Thursdays and Saturdays)
7. Ironbound Community Corp, 317 Elm Street, Newark, NJ 07105
8. New York Assembly District 61, 853 Forest Avenue, Staten Island, NY 
10301
9. New Jersey Legislative District 31, 447 Broadway, Bayonne, NJ 07002
10. New York City Council District 49, 130 Stuyvesant Place, Staten 
Island, NY 10301
11. Staten Island Community Board 1, 1 Edgewater Plaza, Room 217, 
Staten Island, NY 10305

    Copies of all written communications from the public meetings will 
be available for review by interested persons on the online docket, 
USCG-2012-1091 via http://www.regulations.gov.
    Transcripts of the meetings will be available for public review 
approximately 30 days after the meetings. All comments will be made 
part of the official case record.
    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, system of records notice regarding our public dockets in 
the January 17, 2008, issue of the Federal Register (73 FR 3316).

Background and Purpose

    Port Authority of New York and New Jersey (PANYNJ) has proposed to 
modify the Bayonne Bridge across navigable waters of the United States 
by raising the roadway thereby increasing the vertical navigational 
clearance from approximately 151 feet to 215 feet at Mean High Water. A 
thorough description of the project and how it would be completed can 
be found at the project's Web site: http://www.panynj.gov/bayonnebridge/.
    The proposed bridge modification project has been identified as a 
significant project under ''Implementing Executive Order 13604 on 
Improving Performance of Federal Permitting and Review of 
Infrastructure Projects: A Federal Plan for Modernizing the Federal 
Permitting and Review Process for Better Projects, Improved 
Environmental and Community Outcomes, and Quicker Decisions,'' dated 
June 2012, which requires agencies to identify and expedite the 
permitting and environmental review process for regionally or 
nationally significant infrastructure projects. The existing Bayonne 
Bridge has a vertical navigational clearance of approximately 151 feet 
above the Kill Van Kull at Mean High Water. The applicant proposes to

[[Page 5473]]

increase the vertical navigational clearance to approximately 215 feet 
above the waterway at Mean High Water to provide greater clearances to 
accommodate larger, Post-Panamax vessels and thereby ensure the long-
term viability of the Port of New York and New Jersey. Post-Panamax 
vessels are wider and taller ships with deeper drafts that will be able 
to traverse through the Panama Canal once improvements on the canal are 
completed in 2014. The expanded purpose of the project is to improve 
the substandard features and seismic stability of the existing bridge 
and ensure it conforms to modern highway and structural design 
standards. In addition, the existing bridge is eligible for listing on 
the National Register of Historic Places. Therefore, the Coast Guard 
has initiated consultation under Section 106 of the National Historic 
Preservation Act. The Advisory Council on Historic Preservation has 
accepted the Coast Guard invitation to participate in the Section 106 
process.
    The Coast Guard issued the NEPA Workplan, dated September 2011, 
which provided a discussion of the project's Purpose and Need, project 
alternatives and the framework of the environmental analysis. On 
October 31, 2011, the Coast Guard held a coordination meeting with 
city, state and federal agencies to discuss the project's scope and the 
NEPA Workplan. On November 14, 2011, the Coast Guard issued a 
solicitation requesting comments from the general public for the scope 
of the project and the NEPA Workplan. Comments received following the 
meeting and during the solicitation comment period included concerns 
from the U.S. Federal Highway Administration, U.S. Environmental 
Protection Agency, various private organizations and individuals, and 
others regarding additional cargo volumes due to larger ships entering 
the Port of New York and New Jersey, the expansion of the port and port 
facilities, and the related impacts to air quality and traffic. In 
response to these comments, an Induced Demand Analysis was conducted by 
an independent source to study the impact of the proposed action to 
those communities surrounding the Port of New York and New Jersey. 
Further information regarding this analysis can be found in Chapter 18 
of the Draft EA and in Appendix I. In addition, the Coast Guard met 
with representatives from minority and low income communities in Staten 
Island, NY and Newark, NJ to explain the Coast Guard bridge permit 
process and to ensure those communities have a voice in the public 
comment process. Based on the information received to date, the Coast 
Guard has determined that a Draft Environmental Assessment is the most 
appropriate level of environmental documentation for this project. 
Should the Coast Guard determine that there are no significant impacts 
following the comment period; a Finding of No Significant Impact would 
be issued. Under NEPA procedures, should significant impacts be 
discovered during the review process, the level of environmental 
documentation may be elevated to an Environmental Impact Statement. The 
Draft EA and appendices, Coast Guard NEPA Workplan dated September 
2011, ``Bayonne Bridge Navigational Clearance Program Responses to 
Scoping Comments NEPA Workplan,'' dated February 2012, are available 
online in the www.regulations.gov docket as well as at http://www.uscg.mil/d1/prevention/Bridges.asp.
    Alternatives for the proposed project considered include: (1) 
Taking no action; (2) various build alternatives that satisfy the 
purpose and need; (3) a tunnel; (4) new cargo terminals constructed 
downstream of the Bayonne Bridge; and (5) a ferry service in lieu of 
the bridge. Build alternatives included raising the roadway within the 
existing superstructure (preferred), jacking the arch superstructure, 
converting to a lift bridge, or constructing a new bridge.
    As a structure over navigable waters of the United States, it 
requires a Coast Guard Bridge Permit Amendment pursuant to the Bridge 
Act of March 23, 1906, as amended, Title 33 U.S.C. 491. Additionally, 
the bridge permit amendment would be the major federal action in this 
undertaking since federal funds will not be used, and therefore the 
Department of Homeland Security, through the Coast Guard is the federal 
lead agency for review of potential effects on the human environment, 
including historic properties, pursuant to the National Environmental 
Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.) and the 
National Historic Preservation Act (NHPA), as amended (16 U.S.C. 470 et 
seq.).
    The Coast Guard, with assistance from PANYNJ, has prepared a Draft 
EA in accordance with NEPA. See ``Viewing the comments and Draft EA'' 
above. The Draft EA identifies and examines the reasonable alternatives 
(including ``No Build'') and assesses the potential for impact to the 
human environment, including historic properties, of the alternative 
proposals.
    We are seeking public input on the Draft EA, including comments on 
completeness and adequacy of the document, and on other environmental 
and historic preservation concerns that may be related to the proposed 
bridge modification project. This includes suggesting analyses and 
methodologies for use in the Draft EA or possible sources of data or 
information not included in the Draft EA. Your comments will be 
considered while making the decision to prepare a final Environmental 
Assessment, or elevate the document to an Environmental Impact 
Statement.

Public Meetings

    The Coast Guard will hold three public meetings on the Draft EA, 
one in Bayonne, NJ, one in Staten Island, NY, and one in Newark, NJ to 
provide an opportunity for oral comments. The specific times and 
locations are as follows:
    1. The first public meeting will be held on Tuesday, February 5, 
2013, from 4 p.m.-9 p.m. at Bayonne High School Auditorium, 669 Avenue 
A (30th Street and Avenue A Entrance), Bayonne, NJ 07002.
    2. The second public meeting will be held on Thursday, February 7, 
2013, from 4 p.m.-9 p.m. at Snug Harbor Cultural Center Great Hall, 
1000 Richmond Terrace, Building P, 2nd Floor, Staten Island, NY 10301.
    3. The third public meeting will be held on Wednesday, February 13, 
2013, from 4 p.m. to 9 p.m. at LeRoy Smith Public Safety Building, 60 
Nelson Place, 14th Floor Conference Room, Newark, NJ 07102.

The Coast Guard and PANYNJ will make brief presentations at 4 p.m. and 
7 p.m. at each meeting to accommodate the differing schedules of those 
wishing to attend. The purpose of these meetings is to consider an 
application by the PANYNJ for Coast Guard approval of the modification 
to the historic Bayonne Bridge across the Kill Van Kull, mile 1.5, 
between Bayonne, NJ and Staten Island, NY. All interested persons may 
present data, views, and comments, orally or in writing, concerning the 
impact of the proposed bridge project on navigation and the human 
environment.
    The public meetings will be informal. A representative of the Coast 
Guard will preside, make a brief opening statement and announce the 
procedure to be followed at the meetings. Attendees who request an 
opportunity to present oral comments at a public meeting must sign up 
to speak at the meeting site at the designated time of the meeting. 
Speakers will be called in the order of receipt of the request. 
Attendees at the meetings, who wish to present testimony, and have not 
previously

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made a request to do so, will follow those having submitted a request, 
as time permits. All oral presentations will be limited to three 
minutes. The public meetings may end early if all present wishing to 
speak have done so. Any oral comments provided at the meetings will be 
transcribed and placed into the docket by the Coast Guard. Written 
comments and related material may also be submitted to Coast Guard 
personnel specified at that meeting for placement into the docket by 
the Coast Guard.

Information on Service for Individuals With Disabilities

    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact Christopher Bisignano, Bridge Management Specialist, First 
Coast Guard District, U.S. Coast Guard; at the telephone number or 
email address indicated under the FOR FURTHER INFORMATION CONTACT 
section of this notice. As previously noted for the first two meetings, 
any requests for an oral or sign language interpreter must be received 
by January 25, 2013. Such requests for the February 13, 2013 meeting in 
Newark, NJ, must be received by February 1, 2013.
    This notice is issued under the authority of 5 U.S.C. 552(a). 
Additionally, the draft EA has been prepared in accordance with the 
Bridge Act of March 23, 1906, as amended, Title 33 U.S.C. 491 and the 
National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et. seq.); 
Council on Environmental Quality (CEQ) Regulations for Implementing 
NEPA (40 Code of Federal Regulations (CFR) 1500-1508) and associated 
CEQ guidelines; Department of Homeland Security Management Directive 
5100.1, Environmental Planning Program; and United States Coast Guard 
(USCG) Commandant Instruction (COMDTINST) M16475.1D, National 
Environmental Policy Act Implementing Procedures and Policy for 
Considering Environmental Impacts.

    Dated: January 18, 2013.
Brian L. Dunn,
Administrator, Office of Bridge Programs, U.S. Coast Guard.
[FR Doc. 2013-01502 Filed 1-24-13; 8:45 am]
BILLING CODE 9110-04-P


