[Federal Register Volume 77, Number 243 (Tuesday, December 18, 2012)]
[Rules and Regulations]
[Pages 74784-74786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30400]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1060]
RIN 1625-AA00


Safety Zone for Recovery Operations for East Jefferson Street 
Train Derailment, Mantua Creek; Paulsboro, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone one mile north 
and one mile south of the East Jefferson Street Railroad Bridge, Mantua 
Creek, Paulsboro, New Jersey, due to a train derailment resulting in 
the release of hazardous materials into Mantua Creek and the 
surrounding air. This regulation is necessary to provide for the safety 
of life on the navigable waters of the Mantua Creek. This safety zone 
is intended to restrict vessel traffic movement to protect mariners 
from the hazards associated with an ongoing recovery operation to 
remove the derailed train cars and address hazardous material release.

DATES: This rule is effective in the CFR from December 18, 2012 January 
15, 2013. This rule is effective with actual notice from December 5, 
2012 until December 18, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-1060. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email 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 or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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 because it would be impracticable. Immediate 
action is necessary to protect the maritime public. The East Jefferson 
Street Rail Bridge train derailment occurred November 30, 2012 and 
hazardous material response and railcar recovery began immediately, 
thereby making it impractical to provide for a notice and comment 
period. Vessels transiting or attempting to transit Mantua Creek near 
the response operations may be at risk from possible hazardous material 
exposure.
    For the reasons stated above, 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 
recovery operation and hazardous material release.

B. Basis and Purpose

    On the morning of November 30, 2012 a train derailed and a portion 
of the East Jefferson Street Rail Bridge located in Paulsboro, New 
Jersey collapsed. Additionally a release of hazardous material from the 
derailed train cars occurred. Train cars currently lie partially 
submerged in Mantua Creek in the immediate vicinity of the rail bridge. 
A safety zone is necessary because there will be an ongoing operation 
to remove the submerged train cars and hazardous materials from 
November 30, 2012 until completed.

C. Discussion of the Final Rule

    The Coast Guard Captain of the Port Delaware Bay is establishing a 
temporary safety zone from on December 5, 2012 until all recovery 
operations are completed unless cancelled earlier by the Captain of the 
Port. 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.
    The boundary line for the temporary safety zone includes all waters 
of Mantua Creek one mile north of and one mile south of the East 
Jefferson Street Rail Bridge in Paulsboro, New Jersey.
    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 Coast Guard Sector Delaware Bay at: 
(215) 271-4940. After evaluating the current conditions and status of 
recovery operation of the derailed and damaged train cars, the Captain 
of the Port Delaware Bay or her representative will notify the 
requesting vessel whether they are authorized to transit through the 
Safety Zone and will provide any other directions for their intended 
transit.
    The Captain of the Port will cancel this safety zone once all 
recovery operations are completed and hazards are removed from the 
area. At such time, notice that the safety zone is no longer 
established will be broadcast to mariners.

D. Regulatory Analyses

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

1. 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 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

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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) this rule will be enforced for only the duration of recovery 
operations.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 operators of the vessels intending to 
transit Mantua Creek one mile north and one mile south of the East 
Jefferson Street Rail Bridge in Paulsboro, New Jersey from December 5, 
2012 until all recovery operations are completed, unless cancelled 
earlier by the Captain of the Port.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: 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.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the ``FOR FURTHER 
INTFORMATION CONTACT'' section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. Taking of Private Property

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

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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 the establishment of a safety zone. 
This rule is categorically excluded from further review under paragraph 
34 (g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist and a categorical exclusion determination will be 
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.

List of Subjects in 33 CFR Part 165

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

[[Page 74786]]

    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.T05-1060, to read as follows:


Sec.  165.T05-1060  Safety Zone for Recovery Operations for East 
Jefferson Street Train Derailment, Mantua Creek; Paulsboro, NJ.

    (a) Location. All waters of Mantua Creek one mile north and one 
mile south of the East Jefferson Street Rail Bridge in Paulsboro, New 
Jersey.
    (b) Enforcement period. This rule is effective on December 5, 2012, 
until January 15, 2013, unless cancelled earlier by the Captain of the 
Port.
    (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.
    (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. 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: December 5, 2012.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2012-30400 Filed 12-17-12; 8:45 am]
BILLING CODE 9110-04-P