[Federal Register Volume 69, Number 141 (Friday, July 23, 2004)]
[Rules and Regulations]
[Pages 43911-43913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16842]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-04-087]
RIN 1625-AA00


Safety Zone; Bridge Demolition, Raritan River, Perth Amboy, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 43912]]

SUMMARY: The Coast Guard is establishing a temporary safety zone for a 
bridge demolition on the Raritan River. The safety zone is necessary to 
protect the life and property of the maritime public from the hazards 
posed by this bridge demolition. Entry into or movement within the 
safety zone during the enforcement period is prohibited unless 
authorized by the Captain of the Port (COTP), New York.

DATES: This rule is effective from 5 a.m. on, July 7, 2004, to 8 p.m. 
on September 30, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD01-04-087 and are available for 
inspection or copying at Waterways Oversight Branch, Coast Guard 
Activities New York, 212 Coast Guard Drive, room 203, Staten Island, NY 
10305 between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander W. Morton, 
Waterways Oversight Branch, Coast Guard Activities New York (718) 354-
4191.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Due to the late notification 
of the dates of this bridge demolition using explosives, publishing an 
NPRM would be impracticable. Publishing an NPRM would be contrary to 
the public interest because immediate action is needed to protect 
mariners from the hazards associated with this bridge demolition. 
Publishing an NPRM would also be unnecessary since the Raritan River 
safety zone will have minimal impact on the waterway for the following 
reasons: the New Jersey Department of Transportation (NJDOT) has been 
in contact with facilities upstream from the bridge during the 
construction of the adjacent, new, Route 35 bridge, who are well aware 
of the construction project and the expected delays associated with 
demolition of the old Route 35 bridge, the zone is only expected to be 
enforced for 1 hour during the seven planned blasts. Additionally, 
vessels will not be precluded from mooring at or getting underway from 
recreational piers in the vicinity of the zone.
    For the same reasons, the Coast Guard further finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register pursuant to 5 U.S.C. 553(d)(3).

Background and Purpose

    This rule is necessary to protect the life and property of the 
maritime public from the hazards posed from the Route 35 bridge 
demolition using explosives. The safety zone will be enforced for 1 
hour during seven planned blasts. However, vessels may be given 
permission to transit the zone once the blasting has been completed for 
the day. Additionally, vessels will not be precluded from mooring at or 
getting underway from recreational piers in the immediate area outside 
the zone.

Discussion of Rule

    This rule establishes a temporary safety zone in all waters of the 
Raritan River within 500 yards of the old Route 35 Bridge. The safety 
zone will be enforced for 1 hour during seven separate blasts planned 
between July 7, and September 30, 2004. However, vessels may be given 
permission to transit the zone once the blasting has been completed for 
the day. The safety zone will prevent vessels from transiting this 
portion of the Raritan River and is needed to protect the maritime 
public from the hazards associated with this bridge demolition using 
explosives. Vessels will not be precluded from mooring at or getting 
underway from recreational piers in the vicinity of the zone. Public 
notifications will be made prior to the event via the Local Notice to 
Mariners and Marine Information Broadcasts.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    This finding is based on: the minimal time that vessels will be 
restricted from the zone; the NJDOT has been in contact with facilities 
upstream from the bridge during the construction of the adjacent, new 
Route 35 Bridge, who are aware of the construction project and the 
expected delays associated with demolition of the old Route 35 Bridge, 
the zone is only expected to be enforced for 1 hour during seven 
planned blasts. Additionally, vessels will not be precluded from 
mooring at or getting underway from recreational piers in the vicinity 
of the zone. Advance notifications will be made to the local maritime 
community by the Local Notice to Mariners and marine information 
broadcasts.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 will affect the following entities, some of which might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in a portion of the affected waterway during the time 
this zone is enforced.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for reasons enumerated under the 
``Regulatory Evaluation'' section.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this temporary rule so that we can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant Commander W. Morton, 
Waterways Oversight Branch, Coast Guard Activities New York at (718) 
354-4191.
    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 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).

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).

[[Page 43913]]

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph 34(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. This rule fits paragraph 34(g) as it 
establishes an emergency safety zone. A ``Categorical Exclusion 
Determination'' will be available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191; 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From 5 a.m. on July 7, 2004, until 8 p.m. on September 30, 2004, add 
temporary Sec.  165.T01-087 to read as follows:


Sec.  165.T01-087  Safety Zone; Bridge Demolition, Raritan River, Perth 
Amboy, NJ.

    (a) Regulated area. The following area is a safety zone: All waters 
of the Raritan River within 500 yards of the old Route 35 Bridge (river 
mile 1.6).
    (b) Effective period. This section is effective from 5 a.m. on July 
7, until 8 p.m. on September 30, 2004.
    (c) Enforcement periods. This section will be enforced while 
explosives are being detonated during the demolition of the bridge. The 
Captain of the Port will notify the maritime community of enforcement 
periods via Local Notice to Mariners and Marine Information Broadcasts.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Coast Guard Captain of the Port or the designated on-scene-patrol 
personnel. These personnel comprise commissioned, warrant, and petty 
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard 
vessel by siren, radio, flashing light, or other means, the operator of 
a vessel shall proceed as directed.

    Dated: July 7, 2004.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 04-16842 Filed 7-22-04; 8:45 am]
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