[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Rules and Regulations]
[Pages 77570-77573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31489]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1031]
RIN 1625-AA00


Safety Zone, Great Egg Harbor Bay; Somers Point, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is extending the dates for a temporary safety 
zone on the waters of Great Egg Harbor Bay in the vicinity of the 
Garden State Parkway Bridge in Somers Point, NJ. Due to the severe 
weather felt in the Mid-Atlantic region in the past month the project 
has been delayed by a number of weeks and more time is needed to 
complete the critical repairs for the Garden State Parkway Bridge. The 
safety zone will continue to restrict vessel traffic on a portion of 
the Great Egg Harbor Bay while critical girder erection work is being 
conducted as part of the rehabilitation project of the main 
navigational channel section of the bridge. This extension of the 
temporary safety zone is necessary to protect the surrounding public 
and vessels from the hazards associated with the bridge construction 
operations.

DATES: This rule is effective without actual notice from December 15, 
2015 through December 31, 2015. For purposes of enforcement, actual 
notice will be used from October 5, 2015 through December 15, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1031 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 on this rule, 
call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector 
Delaware Bay, Chief Waterways Management Division, Coast Guard; 
telephone (215) 271-4851, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port


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II. Background Information and Regulatory History

    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 this critical phase of the 
rehabilitation work to the Garden State Parkway Bridge, main channel 
section, poses a safety threat to maritime traffic and a safety zone is 
needed. Furthermore, the request for work to continue until December 
31, 2015 was not received until November 12, 2015. Due to the need for 
an immediate response and the late notification of the work, providing 
a notice and comment period would be impractical.
    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 because allowing this 
construction to go forward without a safety zone in place would expose 
mariners and the public to unnecessary dangers associated with bridge 
construction operations and navigation channel closure.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231; 33 CFR 1.05-1 and 160.5; and Department of Homeland Security 
Delegation No. 0170.1. The Captain of the Port, Delaware Bay, has 
determined that potential hazards associated with bridge construction 
operations starting October 5, 2015, will be a safety concern for 
anyone within a 200-yard radius of bridge work, vessels, and machinery. 
This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
bridge work is being conducted.

IV. Discussion of the Rule

    This rule establishes the continuation of a safety zone from 
October 5, 2015, through December 31, 2015, and the zone will be 
enforced from 7 a.m. to 6 p.m. daily, excluding Sundays. The safety 
zone will cover all navigable waters within 200 yards of vessels and 
machinery, at approximate position, 39[deg]17'32'' N., 074[deg]37'32'' 
W., being used by personnel for construction and repair of the Garden 
State Parkway Bridge over the Great Egg Harbor Bay in Somers Point, NJ. 
The duration of the zone is intended to protect personnel, vessels, and 
the marine environment in these navigable waters while bridge 
construction operations are being conducted. Entry into, transiting, or 
anchoring within the safety zone is prohibited unless vessels obtain 
permission from the Captain of the Port (COTP) or make satisfactory 
passing arrangements with the construction vessel per this rule and the 
Rules of the Road (33 CFR Subchapter E). During portions of this 
project the main navigation channel will be closed each day for vessel 
traffic from 7 a.m. to 6 p.m., excluding Sundays. These closures are 
necessary for safety due to hazards associated with bridge maintenance. 
Bridge work will stop and the channel will be clear for vessels to pass 
under the bridge between 6 p.m. to 7 a.m. Monday through Saturday; 
during these hours when bridge work is stopped, mariners may transit 
the main channel without restrictions. In addition, the channel will be 
fully available on Sundays and vessels may transit freely. At all 
times, secondary bridge spans will be clear to pass; vessels able to 
pass under secondary channel spans may do so at any time. There will be 
number of working days that the navigation channel will not be 
obstructed; however, mariners wishing to transit Monday through 
Saturday between 7 a.m. and 6 p.m. must make passing arrangements with 
the on scene construction vessel or obtain permission from the COTP or 
his representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic will be able 
to safely transit from the hours of 6 p.m. to 7 a.m., daily, excluding 
Sundays. At other times, vessel master may request permission to 
transit the safety zone. There will be number of working days that the 
navigation channel will not be obstructed. At all times, secondary 
bridge spans will be clear to pass; vessels able to pass under 
secondary channel spans may do so at any time without requesting 
permission. This safety zone will impact a small designated area of the 
Great Egg Harbor Bay, in Somers Point, NJ for no more than an 11 hour 
period each day.

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

[[Page 77572]]

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 will not call for a 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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 complying with the National Environmental 
Policy Act of 1969 (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 a safety zone in force for no more than 11 hours each 
day, from October 1, 2015, to December 31, 2015, that prohibits entry 
within 200 yards of vessels and machinery being used by personnel 
conducting bridge work on the Garden State Parkway Bridge over the 
Great Egg Harbor Bay, in Somers Point, NJ. It 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.

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 temporary Sec.  165.T05-1031 to read as follows:


Sec.  165.T05-1031  Safety Zone, Great Egg Harbor Bay; Somers Point, NJ

    (a) Location. The following area is a safety zone: all the waters 
of Great Egg Harbor Bay, 200 yards around the main channel portion of 
the bridge, in approximate position 39[deg]17'32'' N., 074[deg]37'32'' 
W. These coordinates are based upon North American Datum 83 (NAD 83).
    (b) Definitions. (1) The Captain of the Port means the Commander 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 
his behalf.
    (2) Designated representative means any Coast Guard commissioned, 
warrant or petty officer who has been authorized by the Captain of the 
Port, Delaware Bay, to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 33 
CFR part 165 subpart C apply to the safety zone created by this 
section.
    (1) During periods of full channel closures, the main navigational 
channel will be obstructed and vessels will be unable to pass. 
Secondary bridge spans will be clear to pass; vessels able to pass 
under secondary channel spans may do so.
    (2) Vessels wishing to transit the safety zone in the main 
navigational channel may do so if they can make satisfactory passing 
arrangements with the on-scene construction vessel in accordance with 
the Navigational Rules in 33 CFR Subchapter E. If vessels are unable to 
make satisfactory passing arrangements with the on-scene construction 
vessel, they may request permission from the COTP or his designated 
representative on VHF channel 16.
    (3) There will be number of working days that the navigation 
channel will not be obstructed; however, mariners wishing to transit 
during the enforcement period must still comply with the procedures in 
paragraph (c)(2) of this section.
    (4) The main channel will be clear from the hours of 6 p.m. to 7 
a.m. daily, and every Sunday throughout the course of the project. 
Vessels may transit through the safety zone at these times without 
restriction.
    (5) This section applies to all vessels wishing to transit through 
the safety zone except vessels that are engaged in the following 
operations: enforcing laws; servicing aids to navigation, and emergency 
response vessels.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted by 
Federal, State, and local agencies in the patrol and enforcement of the 
zone.
    (e) Enforcement period. This rule will continue to be enforced from 
7 a.m. to 6 p.m. each day except Sundays, from October 5, 2015, to 
December 31, 2015, unless cancelled earlier by the Captain of the Port.


[[Page 77573]]


    Dated: December 9, 2015.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-31489 Filed 12-14-15; 8:45 am]
 BILLING CODE 9110-04-P