[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41893-41895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18732]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0843]
RIN 1625-AA00


Safety Zone; Dredging, Shark River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on a 
portion of Shark River, in Neptune City, NJ, from September 5, 2017, 
through September 23, 2017, while dredging operations are being 
conducted in the main navigational channel. This safety zone is 
necessary to provide for the safety of life on navigable waters during 
dredging operations and will restrict vessel traffic from transiting 
the main navigational channel.

DATES: This rule is effective from September 5, 2017 through September 
23, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to, type USCG-2017-0843 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 Second Class Amanda Boone, 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 the channel.
    Mobile Dredging and Pumping Co. has been awarded the contract to 
restore the state channels to allow safe passage for recreational and 
commercial traffic. The sediment will be hydraulically dredged and 
piped via a secure welded pipeline to the selected dewatering 
locations.
    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 were 
not received by the Coast Guard until August 25, 2017, and the dredging 
operation will begin September 5, 2017. The safety zone is needed by 
September 5, 2017, to ensure safe navigation of vessels transiting the 
Shark River, and it is impracticable to publish an NPRM and consider 
comments before that date. The dredge and dredge piping must be 
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 go forward 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 there is a safety zone restricting traffic in this 
portion of the Shark River, in Neptune City, NJ.
    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 transit 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 COTP Delaware Bay has determined that potential hazards are 
associated with dredge piping and dredge operations from September 5, 
2017, through September 23, 2017. 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]10'54.20'' 
N., longitude 74[deg]1'51.05'' W., bounded by the eastern side of the 
channel and the western side of the channel, north, to latitude 
40[deg]11'6.87'' N., longitude 74[deg] 1'53.54'' W., as vessels will be 
unable to transit

[[Page 41894]]

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 5, 2017, dredging will begin on a portion of the Shark 
River in Neptune City, NJ. The COTP Delaware Bay has determined that 
the hazards associated with dredge piping and dredge operations in the 
main navigational channel create the need for a safety zone to ensure 
safety of vessels transiting this portion and for workers engaged in 
dredging operations.
    The safety zone will close the main navigational channel on the 
Shark River from latitude 40[deg]10'54.20'' N., longitude 
74[deg]1'51.05'' W., bounded by the eastern side of the channel and the 
western side of the channel, north, to latitude 40[deg]11'6.87'' N., 
longitude 74[deg]1'53.54'' W.; during times of dredging. Dredging of 
the main navigational channel is scheduled from September 5, 2017, 
through September 23, 2017, only from 9 a.m. on Mondays through 9 p.m. 
on Thursdays. 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 September 5, 2017, through September 
23, 2017, from 9 p.m. on Thursdays to 9 a.m. on Mondays. During the 
periods when the channel is open mariners are urged to transit at their 
slowest safe speed, with no wake, no meeting or passing of other 
vessels, and proceed with caution after passing arrangements have been 
made. Mariners must communicate clearly, and in advance, with the 
dredge via VHF 6 or 13.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination 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 transit. Vessels will only be affected 84-hours 
weekly, from 9 a.m. on Mondays through 9 p.m. on Thursdays, during the 
month of September 2017. 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 
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 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 calls for no 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

[[Page 41895]]

complying with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321-4370f), and have determined that it 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 that 
lasts for less than a month in duration and has designated times where 
the channel will be open for vessel traffic and traffic will be able to 
transit. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble.

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 Sec.  165.T05-0843 to read as follows:


Sec.  165.T05-0843   Safety Zone, Dredging; Shark River, NJ.

    (a) Definitions. As used in this section, designated representative 
means a Coast Guard petty officer, warrant or commissioned officer on 
board a Coast Guard vessel and or on board another Federal, State, or 
local law enforcement vessel assisting the Captain of the Port, 
Delaware Bay with enforcement of the safety zone.
    (b) Location. The following areas are safety zone: All waters from 
latitude 40[deg]10'54.20'' N., longitude 74[deg]1'51.05'' W., bounded 
by the eastern side of the channel and the western side of the channel, 
north, to latitude 40[deg]11'6.87'' N., longitude 74[deg]1'53.54'' W., 
in the Shark River, in Neptune City, NJ. These coordinates are based on 
the World Geodetic System 1984 (WGS 84) horizontal datum reference.
    (c) Regulations. The general safety zone regulations found 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).
    (3) Vessels may transit this portion of the Shark River from 
September 5, 2017, through September 23, 2017, weekly, from 9 p.m. on 
Thursdays through 9 a.m. on Mondays. During the periods when the 
channel is open mariners are urged to transit at their slowest safe 
speed, with no wake, no meeting or passing of other vessels, and 
proceed with caution after passing arrangements have been made. 
Mariners must communicate clearly, and in advance, with the dredge via 
VHF 6 or 13.
    (4) This section applies to all vessels except those engaged in the 
following operations: Enforcing laws, servicing aids to navigation and 
emergency response vessels.
    (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. on Mondays through 9 p.m. on Thursdays, from September 5, 2017, 
through September 23, 2017, unless cancelled earlier by the Captain of 
the Port.

    Dated: August 30, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2017-18732 Filed 9-1-17; 8:45 am]
 BILLING CODE 9110-04-P