[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Rules and Regulations]
[Pages 59865-59869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20951]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0665]
RIN 1625-AA00
Safety Zone; Great Egg Harbor Bay, Marmora, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones on
the waters of Great Egg Harbor Bay in Marmora, NJ. The first safety
zone includes all waters within 250 feet of vessel and machinery
conducting demolition operations on the remaining portions of the Route
9, Beesley Point Bridge bascule span. This safety zone is necessary to
provide for the safety of life on navigable waters during the
demolition and will re-route vessel traffic through an alternate
channel to facilitate heavy marine equipment operating in the main
navigational channel to remove the bascule span of the bridge and will
be in place throughout the entire duration of the demolition work.
The second safety zone includes all waters within 500 yards of a
blasting vessel and equipment being used to conduct bridge pile
blasting operations, which is the final phase of the demolition of the
Route 9, Beesley Point Bridge bascule span. This safety zone will only
be enforced during times of explosive detonation. The safety zone will
temporarily restrict vessel traffic from transiting or anchoring in a
portion of the Great Egg Harbor Bay while pile blasting and removal
operations are being conducted to facilitate the removal of bridge
piles from the demolished Route 9, Beesley Point Bridge.
DATES: This rule is effective without actual notice from August 31,
2016 through October 20, 2016. For the purposes of enforcement, actual
notice will be used from August 22, 2016, until August 31, 2016. The
second safety zone will be enforced on or about October 1, 2016, only
during times of explosive detonation.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to, type USCG-2016-0665 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 about this rule,
call or email Marine Science Technician First Class Tom Simkins, U.S.
Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast
Guard; telephone (215) 271-4889, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
II. Background Information and Regulatory History
In June of 2013, demolition work began on the Route 9, Beesley
Point Bridge between Somers Point and Marmora, NJ. Route 52
Construction, the company performing this demolition work, has
completed all demolition of the bridge and piles except the portion of
the bridge which has the bascule span opening for the navigational
channel.
During this phase of demolition heavy marine equipment, to include
a large crane and barge, will be used to remove the large bascule span
arms and what is left of the bridge tender house and roadway. The barge
and crane must be placed in the navigational channel to properly secure
and remove what remains of the bridge.
All piles from the demolished bridge south of the bascule span have
been removed. All piles north of the bascule span have been removed
with the exception of four piles, which are attached to the bascule
span for support. The Coast Guard has reviewed Route 52 Construction's
plan to move the main navigational channel 100 feet south of the most
southern portion of the remaining bridge to allow vessel traffic to
safely pass during the demolition of the bascule span. Once the bascule
span is removed, the piles will be removed
[[Page 59866]]
and the bridge will be completely removed from the waterway.
The removal of the remaining piles, which are secured to the sea
floor bed, will be completed by using explosives, after which the piles
and debris will be removed. The Captain of the Port, Delaware Bay, has
determined that potential hazards associated with pile blasting and
removal operations, beginning on or about October 1, 2016, will be a
safety concern for anyone operating within 500 yards of pile blasting
and removal operations during times of explosive detonation.
The purpose of this rule is to promote maritime safety and protect
vessels from the hazards of bridge demolition and pile blasting
operations, and to maintain safety of navigation in the Great Egg
Harbor Bay, in the vicinity of the Route 9, Beesley Point Bridge. The
rule will provide for a clear transit route for vessels, provide a
safety buffer around the crane and barge while demolition operations
are conducted, and provide a safety buffer around the blasting vessel
during times of explosive detonation.
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 final details for this event were
not received by the Coast Guard until August 18, 2016, and the
demolition work will begin August 22, 2016. The first safety zone is
required by August 22, 2016, for the demolition of the remaining
portion of the bridge, and it is impracticable to publish an NPRM and
consider comments before that date. Allowing this event to go forward
without a safety zone in place would expose mariners and the public to
unnecessary dangers associated with bridge demolition operations. The
crane and barge must be placed in the main navigational channel to
facilitate the removal of the remaining portion of the bridge.
Therefore, it is imperative that there is a clear transit route and
safety zone around the demolition location.
Furthermore, the second safety zone is needed for blasting
operations which will begin on or about October 1, 2016. It is
impracticable to publish an NPRM and consider comments due to the short
window of time until the operation begins. Allowing this event to go
forward without a safety zone in place would expose mariners and the
public to unnecessary dangers associated with pile blasting operations.
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 for the reasons we
stated for not publishing an NPRM. The Coast Guard expects minimal
impact to vessels transiting through the alternate channel. Vessels
will be able to safely transit through the alternate channel at all
times, except during times of explosive detonation. The alternate
channel will have the same horizontal clearance and no vertical
clearance restriction, similar to the current navigational channel.
Furthermore, notification for the first safety zone will be made via
marine safety broadcast using VHF-FM channel 16 and through the Local
Notice to Mariners.
For the second safety zone, the pile blasting operation, two
blasting events will occur on consecutive days to complete both piers.
Notification for the second safety zone will be a combination of
broadcast notice to mariners, local notice to mariners, posted warning
signs, 500 yard marine traffic safety zone maintained by the
contractor's safety boats during time of explosive detonations, a 10
minute, 5 minutes, and 1 minute warning made by the blasting vessel via
VHF-FM channel 16, and warning signals at 5 minutes with 3 short blasts
of the air horn, and 1 minute warning of 2 short blasts of the air
horn. The schedule of the signals will be posted along with all other
required company, Local, State, and Federal signage.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port, Delaware Bay has determined that
potential hazards are associated with demolition and pile blasting
operations of the Route 9, Beesley Point Bridge, over the Great Egg
Harbor Bay, in Marmora, NJ from August 22, 2016, through October 20,
2016. The rule will provide for a clear transit route for vessels,
provide a safety buffer around the crane and barge while demolition
operations are conducted, and provide a safety buffer around the
blasting vessel during times of explosive detonation.
The rule will minimally impact vessels transiting through the Great
Egg Harbor Bay navigational channel, in the vicinity of the Route 9,
Beesley Point Bridge because vessels will be able to safely transit
through an adequate alternate channel, except during times of explosive
detonation. The alternate channel will have the same horizontal
clearance and no vertical clearance restriction, similar to the current
navigational channel.
IV. Discussion of the Rule
On August 22, 2016, demolition work will begin on the remaining
portion of the Route 9, Beesley Point Bridge, over the Great Egg Harbor
Bay, in Marmora, NJ. The Captain of the Port, Delaware Bay, has
determined that the hazards associated with demolition and pile
blasting operations require two separate safety zones. The first safety
zone will encompass all the navigable waters within 250 feet of the
marine equipment and demolition operation. Entry into, transiting, or
anchoring within the safety zone is prohibited unless authorized by the
Captain of the Port, Delaware Bay, or his designated representative.
Vessels wishing to transit the waterway may navigate approximately 100
feet south of the main navigational channel to the alternate
navigational channel to safely pass the demolition equipment. An
adequate alternate navigational channel will be established 100 feet
south of the most southern portion of the bascule span which will have
the a horizontal clearance of 60 feet and an unlimited vertical
clearance. The alternate navigational channel will be clearly marked
with red and green buoys; during the evening the buoys will be lit with
red and green lights to signify the channel. The alternate channel will
have the same horizontal clearance and no vertical clearance
restrictions; the State of New Jersey has marked the channel with best
water for passage of vessels. Vessels are requested to contact the
demolition crew via VHF-FM channel 13 or 16 to make satisfactory
passing arrangement and maintain a safe speed when transiting the
alternate navigational channel.
The second safety zone will be enforced starting on or about
October 1, 2016, only during times of explosive detonation, and
encompasses all navigable waters in the Great Egg Harbor Bay within 500
yards of vessels and machinery being used to conduct pile blasting and
removal operations. The duration of the enforcement of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while explosive detonation occurs. There will be
two blasting events occurring on consecutive days to complete both
piers. Actual dates and times of explosive detonation
[[Page 59867]]
will be published with a combination of broadcast notice to mariners,
local notice to mariners, posted warning signs, 500 yard marine traffic
safety zone maintained by the contractors safety boats, a 10 minute, 5
minutes, and 1 minute warning made by the blasting vessel via VHF-FM
channel 16, and warning signals at 5 minutes with 3 short blasts of the
air horn, and 1 minute warning of 2 short blasts of the air horn. The
schedule of the signals will be posted along with warning signs.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Delaware Bay,
or his designated representative. No vessels may transit through the
safety zone during times of explosives detonation. During pile blasting
explosive detonation, vessels will be required to maintain a 500-yard
distance from vessels and equipment used to conduct pile blasting and
removal operations. This 500 yard radius will be secured by two
contractor safety boats in the adjacent waterways. For safety reasons
associated with the blasting operation, during times of explosive
detonation the alternate navigational channel will be closed. At all
other times vessels may transit through the established alternate
navigational channel approximately 100 feet south of the southernmost
remaining pile of the Route 9, Beesley Point Bridge.
Signs will be posted to identify the blast area and warning signs
will be posted with the schedule of the warning signals. The contractor
will verify that all vessels and persons are clear of safety zone 10
minutes prior to the scheduled shot time and will remain secured until
the blaster gives the ``All Clear''. All persons involved with securing
the blast zone will be equipped with marine radios. A 10 minute, 5
minutes, and 1 minute warning made by the blasting vessel via VHF-FM
channel 16, and warning signals at 5 minutes with 3 short blasts of the
air horn, and 1 minute warning of 2 short blasts of the air horn. After
every explosive detonation the blasting vessels will give the ``All
Clear'' when the alternate channel is clear for vessels to transit.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
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. Executive Order 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 Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This finding is based on the limited size of the zone and the
availability for vessels to transit freely through the alternate
channel, around the first safety zone. Vessels will only be affected
during times of explosive detonation, where the second safety zone will
be enforced. The second safety zone is of a limited size and duration
as blasting will occur only for a consecutive two day period. In
addition, the zones will be well publicized to allow mariners to make
alternative plans for transiting the affected area.
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.
It is expected that there will be minimal disruption to the
maritime community. Before the effective period, the Coast Guard will
issue maritime advisories widely available to users of the river to
allow mariners to make alternative plans for transiting the affected
areas. In addition, vessels may transit around the zone through an
alternate channel, except during time of explosive detonation.
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 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 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. 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
[[Page 59868]]
$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 two safety zones, the first encompassing all the waters
within 250 feet of demolition operations on the remaining portion of
the Route 9, Beesley Point Bridge, over Great Egg Harbor Bay, in
Marmora, NJ and the second encompassing all navigable waters in the
Great Egg Harbor Bay within 500 yards of vessels and machinery being
used to conduct pile blasting and removal operations during times of
explosive detonation. 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.T05-0665, to read as follows:
Sec. 165.T05-0665 Safety Zone; Great Egg Harbor Bay, Marmora, NJ.
(a) Regulated areas. The following areas are safety zones:
(1) Bascule span demolition zone. All waters within 250 feet of
vessels and machinery conducting demolition operations in Great Egg
Harbor Bay, in the vicinity of Route 9, Beesley Point Bridge bascule
span, in Marmora, NJ.
(2) Bridge pile blasting zone. All waters within 500 yards of the
blasting vessel and equipment conducting pile blasting operations, in
Great Egg Harbor Bay, in the vicinity of Route 9, Beesley Point Bridge,
in Marmora, NJ.
(b) Regulations. The general safety zone regulations in Sec.
165.23 apply to the safety zones created by this temporary section,
Sec. 165.T05-0665.
(1) All vessels and persons are prohibited from entering into or
moving within the safety zones described in paragraph (a) of this
section while they are subject to enforcement, unless authorized by the
Captain of the Port, Delaware Bay, or by his designated representative.
(2) Persons or vessels seeking to enter or pass through the safety
zones must contact the Captain of the Port, Delaware Bay, or his
designated representative to seek permission to transit the area. The
Captain of the Port, Delaware Bay can be contacted at telephone number
215-271-4807 or on Marine Band Radio VHF Channel 16 (156.8 MHz).
(3) Vessels may freely transit through the marked alternate
channel, approximately 100 feet south of the most southern portion of
the bascule span. The alternate channel has a horizontal clearance of
60 feet and unlimited vertical clearance. The alternate channel will be
marked with red and green buoys and the buoys will be lit at night.
Vessels are requested to contact the demolition crew via VHF-FM channel
13 or 16 to make satisfactory passing arrangement and maintain a safe
speed when transiting the alternate navigational channel.
(4) No vessels may transit through the safety zone described in
paragraph (a)(2) of this section during times of explosives detonation.
During pile blasting detonation, vessels will be required to maintain a
500 yard distance from the blasting vessel and equipment. Within the
500 yards is the alternate channel, approximately 100 feet south of the
most southern portion of the bascule span. Therefore no vessel may
transit the alternate channel during times of explosive detonation.
Actual dates and times of explosive detonation will be announced with a
combination of broadcast notice to mariners, local notice to mariners,
posted warning signs, 500 yard marine traffic safety zone maintained by
the contractors safety boats, 10 minute, 5 minutes, and 1 minute
warning made by the blasting vessel via VHF-FM channel 16, and warning
signals at 5 minutes with 3 short blasts of the air horn, and 1 minute
warning of 2 short blasts of the air horn. The schedule of the signals
will be posted along with all other required signage.
(5) This section applies to all vessels except those engaged in the
following operations: enforcing laws, servicing aids to navigation, and
emergency response vessels.
(c) Definitions. As used in this section:
Captain of the Port Delaware Bay means the Commander, U.S. Coast
Guard Sector Delaware Bay, Philadelphia, PA.
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.
(d) Enforcement. 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 first safety zone will be enforced
from August 22, 2016, through October 20, 2016, unless cancelled
earlier by the Captain of the Port. The second safety zone for pile
blasting will only be enforced during times of explosive detonation.
Pile Blasting operations are schedule to begin on or about October 1,
2016. Actual dates and times of explosive detonation will be published
with a combination of broadcast notice to mariners, local notice to
mariners, posted warning signs, 500 yard marine traffic safety zone
maintained by the contractors safety boats, 10 minute, 5 minutes, and 1
minute warning made by the blasting vessel via VHF-FM channel 16, and
warning signals at 5 minutes with 3 short blasts of the air horn, and 1
minute warning of 2 short blasts of the air horn. The schedule of the
signals will be posted along with warning signs.
[[Page 59869]]
Dated: August 22, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2016-20951 Filed 8-30-16; 8:45 am]
BILLING CODE 9110-04-P