[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Rules and Regulations]
[Pages 20792-20794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08247]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-1045]
RIN 1625AA00


Safety Zone; Military Munitions Recovery, Raritan River, Raritan, 
NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone within 
the waters of the Raritan River upstream of the Perth Amboy Railroad 
Bridge. This safety zone is necessary to provide for the protection of 
the maritime public and safety of navigation during removal of 
underwater explosive hazards in the Raritan River. This action will 
protect the public from the dangers posed by underwater explosives by 
restricting unauthorized persons and vessels from traveling through or 
conducting underwater activities within a portion of the Raritan River 
while military munitions are rendered safe, detonated, and/or removed 
from the area. Entry into this zone (as well as a broad array of other 
actions) will be prohibited within the safety zone unless authorized by 
the Captain of the Port New York or the designated on-scene 
representative.

DATES: This rule is effective May 14, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-1045]. 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 LT Hannah Eko, U.S. Coast Guard, Sector New York, 
Waterways Management Division, telephone (718) 354-4114, email 
[email protected] or BMC Craig Lapeijko, Coast Guard First District 
Waterways Management Branch, telephone (617) 223-8381, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
USACE United States Army Corps of Engineers

A. Regulatory History and Information

    On September 19, 2013 the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled ``Safety Zone; Military Munitions 
Recovery, Raritan River, Raritan, NJ'' in the Federal Register (78 FR 
57567). We received 0 comments on the NPRM.

B. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1226, 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; Public Law 107-295, 116 Stat. 2064; Department 
of Homeland Security Delegation No. 0170.1., which collectively 
authorize the Coast Guard to establish safety zones.
    The purpose of this rule is to protect vessel traffic from the 
dangers of underwater explosives by restricting unauthorized persons 
and vessels from traveling through or conducting underwater activities 
within a portion of the Raritan River while military munitions are 
rendered safe, detonated, or removed from the area. The United States 
Corps of Army Engineers (USACE) is conducting a remedial investigation 
within the Raritan River using advanced metal detection, removal, and 
detonation techniques. The prior start date of spring 2013 was delayed 
by application reviews and is now scheduled to begin in the spring of 
2014.

C. Discussion of Comments, Changes, and the Final Rule

    No comments were received concerning this rule.
    The Coast Guard will establish a safety zone encompassing all 
navigable waters of the Raritan River upstream of the Perth Amboy 
Railroad Bridge to ensure the safety of mariners and vessels around the 
military munitions removal area.
    These safety zones will be enforced while on-scene workers are 
retrieving military munitions that could pose a hazard to persons or 
vessels operating in the area. Each military munitions retrieval is 
expected to require the activation of the safety zone for a minimum of 
60 minutes. Intended work hours (subject to change) are 6:00 a.m. 
through 6:00 p.m., Monday through Friday. The USACE will provide notice 
of the activation of the safety zone via vessels stationed at the 
eastern and western boundaries of the safety zone. These vessels will 
have flashing yellow lights to alert mariners to their presence and 
that the safety zone is being enforced.

[[Page 20793]]

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of 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 rule would restrict access to a small portion of the 
Raritan River until military munitions are rendered safe and removed, 
the effect of this regulation would not be significant due to the 
following reasons: The safety zone will cover only a small portion of 
the navigable waters within the Raritan River during limited intervals 
of time. We expect portions of the safety zone to be activated for 
short period while the military munitions are being removed or 
detonated. In addition, vessels may be authorized to enter the zone 
with permission of the COTP.

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 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 received 0 comments from the Small Business 
Administration on this rule. 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, fish, dive, or anchor in 
a portion of the Raritan River upstream of the Perth Amboy Railroad 
Bridge during the time the safety zone is activated.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
safety zone will only be activated for limited periods of time while 
the USACE is retrieving or detonating military munitions. Vessel 
traffic will be minimal because the location of the safety zone is in 
an area that does not experience high volumes of vessel traffic, with 
typical commercial traffic being very minimal. Upstream recreational 
vessel entities will be contacted concerning this safety zone. Before 
the activation of the zone, maritime advisories will be issued and 
widely available to users of the waterway in the vicinity of the 
Raritan River.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 
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.

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 From Environmental Health Risks

    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 would not create an 
environmental risk to health or risk to safety that might 
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 would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes,

[[Page 20794]]

or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes.

12. Energy Effects

    This rule 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 establishing a safety zone in a portion 
of the Raritan River. This rule 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and 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. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; Pub. L. 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.170 to read as follows:


Sec.  165.170  Safety Zone; Military Munitions Recovery, Raritan River, 
Raritan, NJ.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Raritan River upstream of the Perth Amboy Railroad 
Bridge, which spans the waterway at approximately 40[deg]29'46.3'' N, 
74[deg]16'51.5'' W.
    (b) Definitions. The following definitions apply to this section:
    (1) ``Designated representative'' means any U.S. Army Corps of 
Engineers personnel, any commissioned, warrant, or petty officer of the 
U.S. Coast Guard, and any member of the Coast Guard Auxiliary who has 
been designated by the Captain of the Port New York (COTP), to act on 
his or her behalf. As a designated representative, the U.S. Army Corps 
of Engineers official patrol vessel will communicate with vessels via 
VHF-FM radio or loudhailer.
    (2) ``Official patrol vessel'' means any Coast Guard, Coast Guard 
Auxiliary, Army Corp of Engineers, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (c) Regulations. (1) The general regulations in 33 CFR 165.23 
apply.
    (2) Entry, transit, diving, dredging, dumping, fishing, trawling, 
conducting salvage operations, remaining or anchoring within the safety 
zone described in paragraph (a) of this section is prohibited unless 
authorized by the COTP.
    (3) Upon being hailed by a U.S. Coast Guard vessel, U.S. Army Corps 
of Engineers vessel or a designated representative, by siren, radio, 
flashing light, or other means, the operator of a vessel shall proceed 
as directed.
    (4) Vessel operators desiring to enter, transit, dive, dredge, 
dump, fish, trawl, conduct salvage operations, remain within or anchor 
within the safety zone must contact the COTP or a designated 
representative via VHF channel 16 or by phone at (718) 354-4353 (Sector 
New York Command Center) to request permission.
    (5) Vessel operators given permission to enter or operate in the 
safety zone must comply with all directions given to them by the COTP 
or a designated representative.

    Dated: March 28, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-08247 Filed 4-11-14; 8:45 am]
BILLING CODE 9110-04-P