[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Rules and Regulations]
[Pages 77570-77573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31489]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-1031]
RIN 1625-AA00
Safety Zone, Great Egg Harbor Bay; Somers Point, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is extending the dates for a temporary safety
zone on the waters of Great Egg Harbor Bay in the vicinity of the
Garden State Parkway Bridge in Somers Point, NJ. Due to the severe
weather felt in the Mid-Atlantic region in the past month the project
has been delayed by a number of weeks and more time is needed to
complete the critical repairs for the Garden State Parkway Bridge. The
safety zone will continue to restrict vessel traffic on a portion of
the Great Egg Harbor Bay while critical girder erection work is being
conducted as part of the rehabilitation project of the main
navigational channel section of the bridge. This extension of the
temporary safety zone is necessary to protect the surrounding public
and vessels from the hazards associated with the bridge construction
operations.
DATES: This rule is effective without actual notice from December 15,
2015 through December 31, 2015. For purposes of enforcement, actual
notice will be used from October 5, 2015 through December 15, 2015.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1031 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector
Delaware Bay, Chief Waterways Management Division, Coast Guard;
telephone (215) 271-4851, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
[[Page 77571]]
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 this critical phase of the
rehabilitation work to the Garden State Parkway Bridge, main channel
section, poses a safety threat to maritime traffic and a safety zone is
needed. Furthermore, the request for work to continue until December
31, 2015 was not received until November 12, 2015. Due to the need for
an immediate response and the late notification of the work, providing
a notice and comment period would be impractical.
We are issuing this rule, and, under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register because allowing this
construction to go forward without a safety zone in place would expose
mariners and the public to unnecessary dangers associated with bridge
construction operations and navigation channel closure.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231; 33 CFR 1.05-1 and 160.5; and Department of Homeland Security
Delegation No. 0170.1. The Captain of the Port, Delaware Bay, has
determined that potential hazards associated with bridge construction
operations starting October 5, 2015, will be a safety concern for
anyone within a 200-yard radius of bridge work, vessels, and machinery.
This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
bridge work is being conducted.
IV. Discussion of the Rule
This rule establishes the continuation of a safety zone from
October 5, 2015, through December 31, 2015, and the zone will be
enforced from 7 a.m. to 6 p.m. daily, excluding Sundays. The safety
zone will cover all navigable waters within 200 yards of vessels and
machinery, at approximate position, 39[deg]17'32'' N., 074[deg]37'32''
W., being used by personnel for construction and repair of the Garden
State Parkway Bridge over the Great Egg Harbor Bay in Somers Point, NJ.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters while bridge
construction operations are being conducted. Entry into, transiting, or
anchoring within the safety zone is prohibited unless vessels obtain
permission from the Captain of the Port (COTP) or make satisfactory
passing arrangements with the construction vessel per this rule and the
Rules of the Road (33 CFR Subchapter E). During portions of this
project the main navigation channel will be closed each day for vessel
traffic from 7 a.m. to 6 p.m., excluding Sundays. These closures are
necessary for safety due to hazards associated with bridge maintenance.
Bridge work will stop and the channel will be clear for vessels to pass
under the bridge between 6 p.m. to 7 a.m. Monday through Saturday;
during these hours when bridge work is stopped, mariners may transit
the main channel without restrictions. In addition, the channel will be
fully available on Sundays and vessels may transit freely. At all
times, secondary bridge spans will be clear to pass; vessels able to
pass under secondary channel spans may do so at any time. There will be
number of working days that the navigation channel will not be
obstructed; however, mariners wishing to transit Monday through
Saturday between 7 a.m. and 6 p.m. must make passing arrangements with
the on scene construction vessel or obtain permission from the COTP or
his representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit from the hours of 6 p.m. to 7 a.m., daily, excluding
Sundays. At other times, vessel master may request permission to
transit the safety zone. There will be number of working days that the
navigation channel will not be obstructed. At all times, secondary
bridge spans will be clear to pass; vessels able to pass under
secondary channel spans may do so at any time without requesting
permission. This safety zone will impact a small designated area of the
Great Egg Harbor Bay, in Somers Point, NJ for no more than an 11 hour
period each day.
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
contact 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
[[Page 77572]]
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 E.O. 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 E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 in force for no more than 11 hours each
day, from October 1, 2015, to December 31, 2015, that prohibits entry
within 200 yards of vessels and machinery being used by personnel
conducting bridge work on the Garden State Parkway Bridge over the
Great Egg Harbor Bay, in Somers Point, NJ. It 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.
G. 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.
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T05-1031 to read as follows:
Sec. 165.T05-1031 Safety Zone, Great Egg Harbor Bay; Somers Point, NJ
(a) Location. The following area is a safety zone: all the waters
of Great Egg Harbor Bay, 200 yards around the main channel portion of
the bridge, in approximate position 39[deg]17'32'' N., 074[deg]37'32''
W. These coordinates are based upon North American Datum 83 (NAD 83).
(b) Definitions. (1) The Captain of the Port means the Commander of
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
his behalf.
(2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Delaware Bay, to assist in enforcing the safety zone described in
paragraph (a) of this section.
(c) Regulations. The general safety zone regulations found in 33
CFR part 165 subpart C apply to the safety zone created by this
section.
(1) During periods of full channel closures, the main navigational
channel will be obstructed and vessels will be unable to pass.
Secondary bridge spans will be clear to pass; vessels able to pass
under secondary channel spans may do so.
(2) Vessels wishing to transit the safety zone in the main
navigational channel may do so if they can make satisfactory passing
arrangements with the on-scene construction vessel in accordance with
the Navigational Rules in 33 CFR Subchapter E. If vessels are unable to
make satisfactory passing arrangements with the on-scene construction
vessel, they may request permission from the COTP or his designated
representative on VHF channel 16.
(3) There will be number of working days that the navigation
channel will not be obstructed; however, mariners wishing to transit
during the enforcement period must still comply with the procedures in
paragraph (c)(2) of this section.
(4) The main channel will be clear from the hours of 6 p.m. to 7
a.m. daily, and every Sunday throughout the course of the project.
Vessels may transit through the safety zone at these times without
restriction.
(5) This section applies to all vessels wishing to transit through
the safety zone except vessels that are engaged in the following
operations: enforcing laws; servicing aids to navigation, and emergency
response vessels.
(d) Enforcement officials. The U.S. Coast Guard may be assisted by
Federal, State, and local agencies in the patrol and enforcement of the
zone.
(e) Enforcement period. This rule will continue to be enforced from
7 a.m. to 6 p.m. each day except Sundays, from October 5, 2015, to
December 31, 2015, unless cancelled earlier by the Captain of the Port.
[[Page 77573]]
Dated: December 9, 2015.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-31489 Filed 12-14-15; 8:45 am]
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