[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Rules and Regulations]
[Pages 67906-67909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23711]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0824]
RIN 1625-AA00


Safety Zone; Dredging, Shark River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; change of effective period.

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SUMMARY: The Coast Guard is extending the effective period for the 
temporary safety zone on a portion of Shark River, in Neptune City, NJ. 
That temporary regulation was set to expire September 30, 2016. 
Extending the effective period for this safety zone provides continued 
and uninterrupted protection for the dredge operations and for the 
safety of life on navigable waters during dredging operations.

DATES: This rule is effective September 30, 2016. Effective September 
30, 2016, the effective period for Sec.  165.T05-0824, added at 81 FR 
59484, August 30, 2016, effective from September 1, 2016, through 
September 30, 2016, is extended through October 31, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to, type USCG-2016-0824 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 about this rule, 
call or email Marine Science Technician First Class Tom Simkins, U.S. 
Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast 
Guard; telephone (215) 271-4889, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    Efforts to dredge the Shark River have been underway for well over 
a decade. After Superstorm Sandy the need to dredge the river increased 
significantly due to sediment deposited by the storm, which impeded 
navigation within those channels. Funding issues and concerns over 
dewatering locations (locations to dry the dredged materials) have 
historically stalled the progress of this project.
    Mobile Dredging and Pumping Co. have been awarded the contract to 
restore the state channels to allow safe passage for recreational and 
commercial traffic. The project requires dredging approximately 102,000 
cubic yards of sediment comprised of sand and silt. The sediment will 
be hydraulically dredged and piped via a secure welded pipeline to the 
selected dewatering locations.

[[Page 67907]]

    The purpose of this rule is to promote maritime safety and protect 
vessels from the hazards of dredge piping and dredge operations. The 
rule will temporarily restrict vessel traffic from transiting a portion 
of the Shark River while dredging operations are being conducted in the 
main navigational channel.
    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 the final details for this event, 
specifying the need for the dredging operation to continue from October 
1, 2016 through October 31, 2016, were not received by the Coast Guard 
until September 15, 2016. It is impracticable to publish an NPRM 
because we must establish this safety zone October 1, 2016. Failing to 
extend the effective dates for this rule pending completion of notice 
and comment rulemaking is impracticable and contrary to the public 
interest because it would cause a gap in the ability to enforce the 
needed safety zone. The dredge and dredge piping are positioned in the 
main navigational channel in order for the dredging company to complete 
the proper dredging of the main navigational channel. Allowing this 
event to continue without a safety zone in place would expose mariners 
and the public to unnecessary dangers associated with dredge piping and 
dredge operations. Therefore, it is imperative that the safety zone 
restricting traffic in this portion of the Shark River, in Neptune 
City, NJ remain in place.
    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 for the reasons stated 
above. The Coast Guard expects that there will be an impact to vessel 
traffic during times when the navigational channel is restricted. 
However, there will be times throughout the project where vessel 
traffic is not restricted and traffic will be able to freely flow 
through the main navigational channel. Furthermore, notification of the 
waterway restrictions will be made by the contractor, Mobile Dredging 
and Pumping Co. Additionally the New Jersey Department of 
Transportation, Office of Marine Resources, will be conducting outreach 
to the local community. Notification of the safety zone and waterway 
restrictions will be made by the COTP via marine safety broadcast using 
VHF-FM channel 16 and through the Local Notice to Mariners.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port, Delaware Bay has determined that 
potential hazards are associated with dredge piping and dredge 
operations from October 1, 2016, through October 31, 2016. The rule is 
necessary to promote maritime safety and protect vessels from the 
hazards of dredge piping and dredge operations.
    The rule will have an impact to vessels transiting through the 
Shark River main navigational channel, from latitude 
40[deg]10'53.2579'' N., longitude 074[deg]01'52.6231'' W., bounded by 
the eastern side of the channel and the western side of the channel, 
north, to latitude 40[deg]11'21.0139'' N., longitude 
074[deg]01'53.1749'' W. as vessels will be unable to transit the main 
navigational channel during times when dredging operations are being 
conducted. This restriction is necessary to ensure the safety of life 
and protect vessel from dredge piping and dredge operations.

IV. Discussion of the Rule

    On September 1, 2016, dredging began on a portion of the Shark 
River in Neptune City, NJ. The Captain of the Port, Delaware Bay, 
determined that the hazards associated with dredge piping and dredge 
operations in the main navigational channel created the need for a 
safety zone to ensure safety of vessels transiting this portion and for 
workers engaged in dredge piping and dredging operations of the Shark 
River.
    The safety zone closed the main navigational channel on all the 
navigable waters on the Shark River from latitude 40[deg]10'53.2579'' 
N., longitude 074[deg]01'52.6231'' W., bounded by the eastern side of 
the channel and the western side of the channel, north, to latitude 
40[deg]11'21.0139'' N., longitude 074[deg]01'53.1749'' W.; during times 
of dredging. Dredging for the main navigational channel was scheduled 
from September 1, 2016, through September 30, 2016, from 9 a.m. to 9 
p.m. Monday through Thursday. The Coast Guard is extending the 
effective period for the temporary safety zone through October 31, 
2016. Entry into, transiting, or anchoring within this portion of Shark 
River during these times is prohibited. These coordinates are based on 
the World Geodetic System 1984 (WGS 84) horizontal datum reference.
    The channel will be open from October 1, 2016, through October 31, 
2016, each week from 9 p.m. to 9 a.m., Monday through Thursday. Vessels 
may transit freely during these times, and vessels are requested to 
contact the dredge via VHF-FM channel 13 or 16 to make satisfactory 
passing arrangement and maintain a safe speed when transiting the main 
navigational channel.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This finding is based on the limited size of the zone and duration 
of the safety zone. Although the main navigational channel of this 
portion of the Shark River will be closed for periods of time 
throughout the dredging operation, there are designated times where the 
channel will be open for vessel traffic and traffic will be able to 
flow freely. Vessels will only be affected 84-hours weekly, from 9 a.m. 
to 9 p.m. Monday through Thursday, during October 2016. The safety zone 
and channel closure will be well publicized to allow mariners to make 
alternative plans for transiting the affected area.

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

[[Page 67908]]

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.
    It is expected that there will be some disruption to the maritime 
community. Before the effective period, the Coast Guard, Mobile 
Dredging and Pumping Co., and New Jersey Department of Transportation's 
Office of Marine Resources will issue maritime advisories, widely 
available to users of the Shark River, describing times and dates of 
waterway closures and openings.
    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 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 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. 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 encompassing all the waters from latitude 
40[deg]10'53.2579'' N., longitude 074[deg]01'52.6231'' W., bounded by 
the eastern side of the channel and the western side of the channel, 
north, to latitude 40[deg]11'21.0139'' N., longitude 
074[deg]01'53.1749'' W., in the Shark River, in Neptune City, 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 set forth below and extends the effective period for 
Sec.  165.T05-0824 from September 30, 2016, through October 31, 2016.

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. Effective September 30, 2016, revise Sec.  165.T05-0824 to read as 
follows:


Sec.  165.T05-0824  Safety Zone, Dredging; Shark River, NJ.

    (a) Regulated areas. The following areas are safety zone: All 
waters from latitude 40[deg]10'53.2579'' N., longitude 
074[deg]01'52.6231'' W., bounded by the eastern side of the channel and 
the western side of the channel, north, to latitude 40[deg]11'21.0139'' 
N., longitude 074[deg]01'53.1749'' W., in the Shark River, in Neptune 
City, NJ. These coordinates are based on the World Geodetic System 1984 
(WGS 84) horizontal datum reference.
    (b) Regulations. The general safety zone regulations in Sec.  
165.23 apply to the safety zone created by this temporary section.
    (1) All vessels and persons are prohibited from entering into or 
moving within the safety zone described in paragraph (a) of this 
section while it is subject to enforcement, unless authorized by the 
Captain of the Port, Delaware Bay, or by his designated representative.
    (2) Persons or vessels seeking to enter or pass through the safety 
zone must contact the Captain of the Port, Delaware Bay, or his 
designated representative to seek permission to transit the area. The 
Captain of the Port, Delaware Bay can be contacted at telephone number 
215-271-4807 or on Marine Band Radio VHF Channel 16 (156.8 MHz).

[[Page 67909]]

    (3) Vessels may freely transit this portion of the Shark River from 
9 p.m. to 9 a.m. Monday through Thursday. Vessels are requested to 
contact the dredge via VHF-FM channel 13 or 16 to make satisfactory 
passing arrangement and maintain a safe speed when transiting the main 
navigational channel during times of channel openings.
    (5) This section applies to all vessels except those engaged in the 
following operations: enforcing laws, servicing aids to navigation and 
emergency response vessels.
    (c) Definitions. As used in this section:
    Captain of the Port Delaware Bay means the Commander, U.S. Coast 
Guard Sector Delaware Bay, Philadelphia, PA.
    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.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal, 
State and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement periods. This section will be enforced weekly from 
9 a.m. to 9 p.m. Monday through Thursday, through October 31, 2016.

    Dated: September 27, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2016-23711 Filed 9-30-16; 8:45 am]
 BILLING CODE 9110-04-P