[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Rules and Regulations]
[Pages 12994-12997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5204]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0069]
RIN 1625-AA00


Safety Zone for Margate Bridge, Intracoastal Waterway; Margate, 
NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone within the 
Intracoastal Waterway near Margate, NJ. This safety zone is necessary 
to ensure safety while the Margate Bridge undergoes repairs, 
specifically a high priority fender system replacement. The safety zone 
is intended to restrict vessel traffic movement on the west side of the 
channel to protect mariners from the hazards associated with the 
operation.

DATES: This rule is effective in the CFR on March 5, 2012 through 5:30 
p.m. on March 16, 2012. This rule is effective with actual notice for 
purposes of enforcement at 7 a.m. on February 6, 2012, through 5:30 
p.m. on March 16, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0069 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0069 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

[[Page 12995]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Lieutenant Corrina Ott, U.S. Coast Guard, 
Sector Delaware Bay, Chief of Waterways Management Division, Coast 
Guard; telephone 215-271-4902, email [email protected]. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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. It is impracticable to publish an NPRM 
because the Margate Bridge Company gave short notice to the Coast 
Guard. Furthermore, delay is contrary to the public interest because of 
the need for protection of the maritime public and vehicular traffic 
from the hazards involved with the deteriorating fender system of the 
bridge. Furthermore, publishing an NPRM is unnecessary because only one 
side of the channel will be closed, allowing marine access through the 
eastern side of the channel.
    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. 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 life 
and property from the hazards associated with the work involved to 
repair the fender system. It is impracticable to publish an NPRM 
because the fender system work is a high priority, aimed at protecting 
both marine and vehicular traffic. Furthermore, delay is contrary to 
the public interest because of the need for protection of the public 
from the hazards involved with the work associated with repairing the 
fender system.

Background and Purpose

    The Margate Bridge Company is conducting operations to repair the 
fender system on the Margate Bridge over the Intracoastal Waterway. As 
part of the operations, a barge will be stationed in the vicinity of 
the Margate Bridge, anchored on the west side of the Channel. The barge 
will have the new fender system constructed on it. The work to repair 
the fender system is expected to last six weeks, from 7 a.m. on 
February 6, 2012 through 5:30 p.m. on March 16, 2012.
    The Captain of the Port is establishing this safety zone to ensure 
the safety of life and property of all mariners and vessels transiting 
the local area.

Discussion of Rule

    The Coast Guard Captain of the Port Delaware Bay is establishing a 
temporary safety zone beginning at 7 a.m. on February 6, 2012 through 
5:30 p.m. on March 16, 2012. The boundary line for the temporary safety 
zone starts at position 39 20'19'' N, 074 30'53'' W east to 39 20'19'' 
N, 074 30'46'' W south to 39 20'10'' N, 074 30'49'' W west to 39 
20'10'' N, 074 30'57'' W and north to 39 20'19'' N, 074 30'53'' W. 
Vessels will not be permitted to transit through the safety zone unless 
they receive authorization from the Captain of the Port Delaware Bay or 
her representative. Such requests must be made one hour prior to the 
intended transit of the Safety Zone. Vessels may contact the Captain of 
the Port Delaware Bay or her representative in order to obtain 
authorization by contacting Sector Delaware Bay at (215) 271-4940. 
Vessels will be allowed to transit through the eastern portion of the 
channel while the repairs are on-going as this safety zone is intended 
to cover only the western portion of the channel.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

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 that 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 access to the regulated 
area, 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 may still be permitted to transit 
through the safety zone with the permission of the Captain of the Port 
on a case-by-case basis; and (iii) the eastern portion of the channel 
will remain open, allowing vessel traffic to transit through that 
portion while the repairs are ongoing.

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 
may be small entities: The owners or operator of the vessels intending 
to transit the western portion of the Intracoastal Waterway at or near 
Margate Bridge on February 6, 2012 until March 16, 2012 from 7 a.m. 
until 5:30 p.m. Monday through Saturday.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
eastern portion of the channel will remain open and accessible to 
marine traffic to pass safely around the zone and vessel traffic will 
be allowed to pass through the zone with permission of the Coast Guard 
Captain of the Port Delaware Bay or her representative. Sector Delaware 
Bay will issue maritime advisories widely accessible to users of the 
waterway.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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

[[Page 12996]]

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.

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).

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 (adjust for 
inflation) or more in any one year. Though this rule will not result in 
such 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 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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves implementation of 
regulations within 33 CFR part 165, applicable to safety zones on the 
navigable waterways. This zone will temporarily restrict vessel traffic 
from transiting through a portion of the river in order to protect the 
safety of life and property on the waters. Under figure 2-1, paragraph 
(34)(g) of the instruction, an environmental analysis checklist and a 
categorical exclusion determination are not required for 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 temporary 165.T05-0096, to read as follows:


Sec.  165.T05-0096  Safety Zone for Margate Bridge, Intracoastal 
Waterway; Margate, NJ.

    (a) Location. The boundary line for the temporary safety zone 
starts at position 39[deg]20'19'' N, 074[deg]30'53'' W east to 
39[deg]20'19'' N, 074[deg]30'46'' W south to 39[deg]20'10'' N, 
074[deg]30'49'' W west to 39[deg]20'10'' N, 074[deg]30'57'' W and north 
to 39[deg]20'19'' N, 074[deg]30'53'' W.
    (b) Enforcement period. This rule is effective from February 6, 
2012 until March 16, 2012, from 7 a.m. until 5:30 p.m.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.33 of this 
part.
    (1) All persons and vessels transiting through the Safety Zone must 
be authorized by the Captain of the Port or her representative.
    (2) All persons or vessels wishing to transit through the Safety 
Zone must request authorization to do so from the Captain of the Port 
or her representative one hour prior to the intended time of transit.
    (3) Vessels granted permission to transit must do so in accordance 
with the directions provided by the Captain of the Port or her 
representative to the vessel.

[[Page 12997]]

    (4) To seek permission to transit the Safety Zone, the Captain of 
the Port or her representative can be contacted via Sector Delaware Bay 
Command Center (215) 271-4940.
    (5) This section applies to all 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.
    (6) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (7) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (8) The Captain of the Port may take possession and control of any 
vessel in the safety zone;
    (9) The Captain of the Port may remove any person, vessel, article, 
or thing from a safety zone;
    (10) 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; and
    (11) No person may take or place any article or thing upon any 
waterfront facility in a safety zone without the permission of the 
Captain of the Port.
    (d) Definitions. (1) The Captain of the Port means the Commanding 
Officer 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 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: February 3, 2012.
Todd C. Wiemers,
Captain, U.S. Coast Guard, Alternate Captain of the Port Delaware Bay.
[FR Doc. 2012-5204 Filed 3-2-12; 8:45 am]
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