[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Rules and Regulations]
[Pages 15692-15694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06247]
[[Page 15692]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0145]
RIN 1625-AA00
Safety Zone, Barnegat Inlet; Barnegat Light, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard has established a safety zone in Barnegat
Inlet from March 7, 2014 to November 31, 2014 around the Barnegat Inlet
north jetty repair project. The Army Corps of Engineers has contracted
with Agate Construction to repair the damage to the north jetty that
was caused by Hurricane Sandy in October 2012. The presence of work
barges in the channel reduces the width of the navigable portion of
Barnegat Inlet, making it too narrow for vessels to safely pass each
other within the inlet. This regulation is necessary to provide for the
safety of life on the navigable waters of Barnegat Inlet and is
intended to restrict traffic movement to protect mariners from hazards
associated with the north jetty repair operations.
DATES: This rule is effective without actual notice from March 21, 2014
until November 31, 2014. For purposes of enforcement, actual notice
will be used from the date the rule was signed, March 7, 2014, until
March 21, 2014. This rule will be enforced until November 31, 2014
unless cancelled earlier by the Captain of the Port.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0145]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Veronica Smith, Chief Waterways Management
Division, Sector Delaware Bay, U.S. Coast Guard; telephone (215) 271-
4851, email [email protected]. 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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 necessary to
protect the maritime public. The presence of Agate Construction's
barges in the narrow inlet poses a threat to maritime traffic and a
safety zone is needed to reduce congestion in the waterway. In this
case, waiting for a comment period to run would be contrary to the
public interest of protecting life and property. In addition,
publishing an NPRM is impracticable because the U.S. Army Corps of
Engineers did not provide sufficient notice to the Coast Guard to allow
for a comment period prior to the commencement of the work.
Notice to the local commercial fishing community was given on
February 19, 2014 in a meeting with the Coast Guard, Army Corps of
Engineers, and Agate Construction. Additionally, the Coast Guard is
conducting outreach to recreational boaters by providing information to
local marinas and boating organizations and by outreach through the
U.S. Coast Guard Auxiliary.
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 as any delay encountered in this
regulation's effective date would be contrary to public interest
because immediate action is needed to provide for the safety of vessels
navigating in Barnegat Inlet while repairs are being conducted on the
north jetty.
B. Basis and Purpose
From March 7, 2014 to November 31, 2014 Agate Construction will be
working under contract for the Army Corps of Engineers to conduct
repairs to the north jetty of Barnegat Inlet. Due to the close
proximity of the north jetty to the navigable portion of the inlet, the
presence of work vessels within the navigable channel, and the
resulting reduction of the width of the navigable area to approximately
140 feet, this rule is required in order to safely facilitate
operations and protect both life and property on the navigable
waterways of Barnegat Inlet in respect to commercial and recreational
marine activities.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone in the
waters of Barnegat Inlet in Barnegat Light, NJ from March 7, 2014 to
November 31, 2014, unless cancelled earlier by the Captain of the Port
once all operations are completed. The safety zone will restrict more
than one vessel at a time from transiting within Barnegat Inlet.
Additionally, diving, swimming, fishing, and other recreational
activities are prohibited within the safety zone at all times. The
safety zone will encompass an area bounded on the Northwest of the
inlet by a line drawn from position 39[deg]46''02' N, 074[deg]06''00' W
to 39[deg]45''52' N, 074[deg]06''14' W, on the Southeast by a line
drawn from position 39[deg]45''33' N, 074[deg]05''24' W, to
39[deg]45''26' N, 074[deg]05''34' W, and bounded on the Northeast and
Southwest by the Barnegat Inlet jetties. During the period that the
safety zone is in effect, all vessels not responsible for jetty repair
will be required to pass through the inlet one at a time and will be
prohibited from mooring, anchoring, or remaining in the zone, unless
specifically authorized by the Captain of the Port, Delaware Bay or her
designated representative. Individuals engaged in activities in the
water, including but not limited to diving, swimming, and fishing, are
prohibited from participating in those activities within the safety
zone. Those persons authorized to transit through the safety zone shall
proceed at the minimum speed necessary to maintain steerage and shall
abide by all directions provided by the Captain of the Port, Delaware
Bay, or her designated representative, in order to ensure that they do
not endanger themselves or others within Barnegat Inlet.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
[[Page 15693]]
1. Regulatory Planning and Review
This 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. Although this regulation
will restrict vessel movement within Barnegat Inlet, the effect of this
rule will not be significant because: (i) the Coast Guard will make
extensive notification of the safety zone to the maritime public, via
maritime advisories so mariners can alter their plans accordingly; (ii)
vessels will be permitted to transit through the safety zone one at a
time, and (iii) this rule will only be enforced for the duration of the
jetty repair project.
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. 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 would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit through Barnegat Inlet from March 7, 2014 to
November 31, 2014, unless cancelled earlier by the Captain the Port
once all operations are completed. The safety zone will not have a
significant impact on a substantial number of small entities for the
following reason: Vessel traffic will be allowed to pass through the
safety zone one vessel at a time. Sector Delaware Bay will issue
maritime advisories widely accessible to users of the inlet.
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
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 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 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 implementation of regulations within 33
CFR Part 165, applicable to safety zones on the navigable waterways.
This zone will temporarily restrict recreational
[[Page 15694]]
activity and transiting vessel traffic in Barnegat Inlet at Barnegat
Light, NJ, for the duration of the Army Corps of Engineers north jetty
repair project. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are 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
rule.
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
0
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
0
2. Add Sec. 165.T05-0145, to read as follows
Sec. 165.T05-0145 Safety Zone, Barnegat Inlet; Barnegat Light, NJ.
(a) Location. The following area is a safety zone: All waters of
Barnegat Inlet, Barnegat Light, NJ in an area bounded on the Northwest
of the inlet by a line drawn from position 39[deg]46'02'' N,
074[deg]06'00'' W to 39[deg]45'52'' N, 074[deg]06'14'' W, on the
Southeast by a line drawn from position 39[deg]45'33'' N,
074[deg]05'24'' W, to 39[deg]45'26'' N, 074[deg]05'34'' W, and bounded
on the Northeast and Southwest by the Barnegat Inlet jetties.
(b) Enforcement period. This rule will be enforced from March 7,
2014 to November 31, 2014, unless cancelled earlier by the Captain of
the Port, Delaware Bay once all north jetty repair operations are
completed. Vessel traffic will be notified of safety zone enforcement
by a broadcast on VHF channel 16.
(c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.33 of this
part.
(1) Recreational marine activities including but not limited to
swimming, diving, and fishing are not permitted within the zone.
(2) All persons and vessels must transit through the safety zone
one vessel at a time and may not engage in activity other than transit
directly through the inlet unless otherwise authorized by the Captain
of the Port or her representative.
(3) All persons or vessels wishing to transit through the safety
zone more than one vessel at a time must request authorization to do so
from the Captain of the Port or her representative 36 hours prior to
the intended time of transit.
(4) Vessels granted permission to transit more than one vessel at a
time must do so in accordance with the directions provided by the
Captain of the Port or her representative to the vessel.
(5) To seek permission to transit the safety zone more than one
vessel at a time, the Captain of the Port, or her representative, can
be contacted via Sector Delaware Bay Command Center (215) 271-4940.
(6) This section applies to all persons and vessels wishing to
transit through the Safety Zone except vessels that are engaged in the
following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; and
(iii) Emergency response vessels.
(7) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
(8) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port.
(d) Definitions--(1) Captain of the Port means the Commander,
Sector Delaware Bay, or any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port to act on
her behalf.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
Dated: March 7, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-06247 Filed 3-20-14; 8:45 am]
BILLING CODE 9110-04-P