[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Rules and Regulations]
[Pages 83139-83141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27914]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-1011]
RIN 1625-AA00


Safety Zone; Great Egg Harbor Bay, Marmora, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Great Egg Harbor Bay in Marmora, NJ. The safety zone includes 
all waters within 500 yards of a blasting vessel and equipment being 
used to conduct bridge pile blasting operations, which is the final 
phase of the demolition of the Route 9, Beesley Point Bridge bascule 
span. This safety zone will only be enforced during times of explosive 
detonation. The safety zone will temporarily restrict vessel traffic 
from transiting or anchoring in a portion of the Great Egg Harbor Bay 
while pile blasting and removal operations are being conducted to 
facilitate the removal of bridge piles from the demolished Route 9, 
Beesley Point Bridge.

DATES: This rule is effective without actual notice from November 21, 
2016 through November 24, 2016. For the purposes of enforcement, actual 
notice will be used from November 15, 2016, until November 21, 2016. 
During this period the safety zone will only be enforced during times 
of explosive detonation.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-1011 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

    In June 2013, demolition work began on the Route 9, Beesley Point 
Bridge between Somers Point and Marmora, NJ. Route 52 Construction, the 
company performing this demolition work, has completed all demolition 
of the bridge and piles except the portion of the bridge which has the 
bascule span opening for the navigational channel. The removal of the 
remaining piles, which are secured to the sea floor bed, will be 
completed by using explosives after which the piles and debris will be 
removed. The Captain of the Port has determined that potential hazards 
associated with pile blasting operations, beginning on or about 
November 15, 2016, will be a safety concern for anyone operating within 
500 yards of pile blasting operations during times of explosive 
detonation.
    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 were 
not received by the Coast Guard until November 8, 2016, and the safety 
zone is needed for blasting and demolition operations which will begin 
November 15, 2016. It is impracticable to publish an NPRM and consider 
comments due to the short window of time until the operation begins. 
Allowing this event to go forward without a safety zone in place would 
expose mariners and the public to unnecessary dangers associated with 
explosive detonation.
    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 we 
stated above. Delaying the effective date of this rule would be 
contrary to public interest because the safety zone is needed to begin 
on November 15, 2016, to protect the public from safety hazards 
associated with explosive detonation.

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 has determined that potential hazards are 
associated with demolition and pile blasting operations of the Route 9, 
Beesley Point Bridge, over the Great Egg Harbor Bay, in Marmora, NJ, 
from November 15, 2016, through November 24, 2016. The rule will 
provide a safety buffer around the blasting vessel during times of 
explosive detonation.
    The purpose of this rule is to promote maritime safety and protect 
vessels from the hazards of bridge demolition and pile blasting 
operations, and to maintain safety of navigation in the Great Egg 
Harbor Bay, in the vicinity of the Route 9, Beesley Point Bridge. The 
rule will provide a safety buffer around the crane and barge while 
demolition operations are conducted, and will provide a safety buffer 
around the blasting vessel during times of explosive detonation.

IV. Discussion of the Rule

    On November 15, 2016, demolition work will begin on the remaining 
portion of the Route 9, Beesley Point Bridge, over the Great Egg Harbor 
Bay, in Marmora, NJ. The Captain of the Port has determined that the 
hazards associated with demolition and pile blasting operations 
requires a safety zone.
    The safety zone will be enforced starting on or after November 15, 
2016, only during times of explosive detonation, and encompasses all 
navigable waters in the Great Egg Harbor Bay within 500 yards of 
vessels and machinery being used to conduct pile blasting and removal 
operations. The duration of the enforcement of the zone is intended to 
protect personnel, vessels, and the marine environment in these 
navigable waters while explosive detonation occurs. There will be two 
blasting events occurring on consecutive days to complete both piers. 
Actual dates and times of explosive detonation will be published with a 
combination of broadcast notice to mariners, local notice to mariners, 
posted warning signs, 500 yard marine traffic safety zone maintained by 
the contractors safety boats, a 10 minute, 5 minutes, and 1 minute 
warning made by the blasting vessel via VHF-FM channel 16,

[[Page 83140]]

and warning signals at 5 minutes with 3 short blasts of the air horn, 
and 1 minute warning of 2 short blasts of the air horn. The schedule of 
the signals will be posted along with warning signs. The contractor 
will verify that all vessels and persons are clear of safety zone 10 
minutes prior to the scheduled shot time and will remain secured until 
the blaster gives the ``All Clear'' that the channel is clear for 
vessels to transit.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port or his 
designated representative. No vessels may transit through the safety 
zone during times of explosive detonation. During pile blasting 
explosive detonation, vessels will be required to maintain a 500 yard 
distance from vessels and equipment used to conduct pile blasting and 
removal operations. This 500 yard radius will be secured by two 
contractor safety boats in the adjacent waterways.

V. Regulatory Analysis

    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 that 
vessels will only be affected during times of explosive detonation. In 
addition, the zone 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 
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 minimal disruption to the 
maritime community. Before the effective period, the Coast Guard will 
issue maritime advisories widely available to users of the river to 
allow mariners to make alternative plans for transiting the affected 
areas. In addition, vessels may transit the navigation channel, except 
during time of explosive detonation.
    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 navigable waters in the 
Great Egg Harbor Bay within 500 yards of vessels and machinery being 
used to conduct pile blasting and removal operations during times of 
explosive detonation. 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

[[Page 83141]]

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.T05-1011, to read as follows:


Sec.  165.T05-1011   Safety Zone; Great Egg Harbor Bay, Marmora, NJ

    (a) Regulated areas. The following area is a safety zone: All 
waters within 500 yards of the blasting vessel and equipment conducting 
pile blasting operations, in Great Egg Harbor Bay, in the vicinity of 
Route 9, Beesley Point Bridge, in Marmora, NJ.
    (b) Regulations. The general safety zone regulations in Sec.  
165.23 apply to the safety zones created by this temporary section, 
Sec.  165.T05-1011.
    (1) All vessels and persons are prohibited from entering into or 
moving within the safety zone described in paragraph (a) of this 
section while they are subject to enforcement, unless authorized by the 
Captain of the Port 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 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).
    (3) No vessels may transit through the safety zone described in 
paragraph (a) of this section during times of explosives detonation. 
During pile blasting detonation, vessels will be required to maintain a 
500 yard distance from the blasting vessel and equipment. Actual dates 
and times of explosive detonation will be announced with a combination 
of broadcast notice to mariners, local notice to mariners, posted 
warning signs, 500 yard marine traffic safety zone maintained by the 
contractors safety boats, 10 minute, 5 minutes, and 1 minute warning 
made by the blasting vessel via VHF-FM channel 16, and warning signals 
at 5 minutes with 3 short blasts of the air horn, and 1 minute warning 
of 2 short blasts of the air horn. The schedule of the signals will be 
posted along with all other required signage.
    (4) 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 means Captain of the Port Delaware Bay. The 
Captain of the Port is also the Commander, U.S. Coast Guard Sector 
Delaware Bay, Philadelphia, PA.
    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 effective from 
November 15, 2016, through November 24, 2016. During this period the 
safety zone will only be enforced during times of explosive detonation.

    Dated: November 15, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2016-27914 Filed 11-18-16; 8:45 am]
 BILLING CODE 9110-04-P