[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41893-41895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18732]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0843]
RIN 1625-AA00
Safety Zone; Dredging, Shark River, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on a
portion of Shark River, in Neptune City, NJ, from September 5, 2017,
through September 23, 2017, while dredging operations are being
conducted in the main navigational channel. This safety zone is
necessary to provide for the safety of life on navigable waters during
dredging operations and will restrict vessel traffic from transiting
the main navigational channel.
DATES: This rule is effective from September 5, 2017 through September
23, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to, type USCG-2017-0843 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 Second Class Amanda Boone, 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
Efforts to dredge the Shark River have been underway for well over
a decade. After Superstorm Sandy, the need to dredge the river
increased significantly due to sediment deposited by the storm, which
impeded navigation within the channel.
Mobile Dredging and Pumping Co. has been awarded the contract to
restore the state channels to allow safe passage for recreational and
commercial traffic. The sediment will be hydraulically dredged and
piped via a secure welded pipeline to the selected dewatering
locations.
The purpose of this rule is to promote maritime safety and protect
vessels from the hazards of dredge piping and dredge operations. The
rule will temporarily restrict vessel traffic from transiting a portion
of the Shark River while dredging operations are being conducted in the
main navigational channel.
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 25, 2017, and the dredging
operation will begin September 5, 2017. The safety zone is needed by
September 5, 2017, to ensure safe navigation of vessels transiting the
Shark River, and it is impracticable to publish an NPRM and consider
comments before that date. The dredge and dredge piping must be
positioned in the main navigational channel in order for the dredging
company to complete the proper dredging of the main navigational
channel. Allowing this event to go forward without a safety zone in
place would expose mariners and the public to unnecessary dangers
associated with dredge piping and dredge operations. Therefore, it is
imperative that there is a safety zone restricting traffic in this
portion of the Shark River, in Neptune City, NJ.
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 stated
above. The Coast Guard expects that there will be an impact to vessel
traffic during times when the navigational channel is restricted.
However, there will be times throughout the project where vessel
traffic is not restricted and traffic will be able to transit through
the main navigational channel. Furthermore, notification of the
waterway restrictions will be made by the contractor, Mobile Dredging
and Pumping Co. Additionally the New Jersey Department of
Transportation, Office of Marine Resources, will be conducting outreach
to the local community. Notification of the safety zone and waterway
restrictions will be made by the COTP via marine safety broadcast using
VHF-FM channel 16 and through the Local Notice to Mariners.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP Delaware Bay has determined that potential hazards are
associated with dredge piping and dredge operations from September 5,
2017, through September 23, 2017. The rule is necessary to promote
maritime safety and protect vessels from the hazards of dredge piping
and dredge operations.
The rule will have an impact to vessels transiting through the
Shark River main navigational channel, from latitude 40[deg]10'54.20''
N., longitude 74[deg]1'51.05'' W., bounded by the eastern side of the
channel and the western side of the channel, north, to latitude
40[deg]11'6.87'' N., longitude 74[deg] 1'53.54'' W., as vessels will be
unable to transit
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the main navigational channel during times when dredging operations are
being conducted. This restriction is necessary to ensure the safety of
life and protect vessel from dredge piping and dredge operations.
IV. Discussion of the Rule
On September 5, 2017, dredging will begin on a portion of the Shark
River in Neptune City, NJ. The COTP Delaware Bay has determined that
the hazards associated with dredge piping and dredge operations in the
main navigational channel create the need for a safety zone to ensure
safety of vessels transiting this portion and for workers engaged in
dredging operations.
The safety zone will close the main navigational channel on the
Shark River from latitude 40[deg]10'54.20'' N., longitude
74[deg]1'51.05'' W., bounded by the eastern side of the channel and the
western side of the channel, north, to latitude 40[deg]11'6.87'' N.,
longitude 74[deg]1'53.54'' W.; during times of dredging. Dredging of
the main navigational channel is scheduled from September 5, 2017,
through September 23, 2017, only from 9 a.m. on Mondays through 9 p.m.
on Thursdays. Entry into, transiting, or anchoring within this portion
of Shark River during these times is prohibited. These coordinates are
based on the World Geodetic System 1984 (WGS 84) horizontal datum
reference.
The channel will be open from September 5, 2017, through September
23, 2017, from 9 p.m. on Thursdays to 9 a.m. on Mondays. During the
periods when the channel is open mariners are urged to transit at their
slowest safe speed, with no wake, no meeting or passing of other
vessels, and proceed with caution after passing arrangements have been
made. Mariners must communicate clearly, and in advance, with the
dredge via VHF 6 or 13.
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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the limited size
of the zone and duration of the safety zone. Although the main
navigational channel of this portion of the Shark River will be closed
for periods of time throughout the dredging operation, there are
designated times where the channel will be open for vessel traffic and
traffic will be able transit. Vessels will only be affected 84-hours
weekly, from 9 a.m. on Mondays through 9 p.m. on Thursdays, during the
month of September 2017. The safety zone and channel closure 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.
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 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 calls for no 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 $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
[[Page 41895]]
complying with the National Environmental Policy Act of 1969 (42 U.S.C.
4321-4370f), and have determined that it 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 that
lasts for less than a month in duration and has designated times where
the channel will be open for vessel traffic and traffic will be able to
transit. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record
of Environmental Consideration (REC) supporting this determination is
available in the docket where indicated in the ADDRESSES section of
this preamble.
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 Sec. 165.T05-0843 to read as follows:
Sec. 165.T05-0843 Safety Zone, Dredging; Shark River, NJ.
(a) Definitions. As used in this section, designated representative
means a Coast Guard petty officer, warrant or commissioned officer on
board a Coast Guard vessel and or on board another Federal, State, or
local law enforcement vessel assisting the Captain of the Port,
Delaware Bay with enforcement of the safety zone.
(b) Location. The following areas are safety zone: All waters from
latitude 40[deg]10'54.20'' N., longitude 74[deg]1'51.05'' W., bounded
by the eastern side of the channel and the western side of the channel,
north, to latitude 40[deg]11'6.87'' N., longitude 74[deg]1'53.54'' W.,
in the Shark River, in Neptune City, NJ. These coordinates are based on
the World Geodetic System 1984 (WGS 84) horizontal datum reference.
(c) Regulations. The general safety zone regulations found in Sec.
165.23 apply to the safety zone created by this temporary section.
(1) All vessels and persons are prohibited from entering into or
moving within the safety zone described in paragraph (a) of this
section while it is 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
zone 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 transit this portion of the Shark River from
September 5, 2017, through September 23, 2017, weekly, from 9 p.m. on
Thursdays through 9 a.m. on Mondays. During the periods when the
channel is open mariners are urged to transit at their slowest safe
speed, with no wake, no meeting or passing of other vessels, and
proceed with caution after passing arrangements have been made.
Mariners must communicate clearly, and in advance, with the dredge via
VHF 6 or 13.
(4) This section applies to all vessels except those engaged in the
following operations: Enforcing laws, servicing aids to navigation and
emergency response vessels.
(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 periods. This section will be enforced weekly, from
9 a.m. on Mondays through 9 p.m. on Thursdays, from September 5, 2017,
through September 23, 2017, unless cancelled earlier by the Captain of
the Port.
Dated: August 30, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2017-18732 Filed 9-1-17; 8:45 am]
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