80_FR_61506 80 FR 61309 - Safety Zone, Great Egg Harbor Bay; Somers Point, NJ

80 FR 61309 - Safety Zone, Great Egg Harbor Bay; Somers Point, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 197 (October 13, 2015)

Page Range61309-61311
FR Document2015-25872

The Coast Guard is establishing 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. The safety zone will restrict vessel traffic on a portion of the Great Egg Harbor Bay while critical girder erection work is being conducted in response to the rehabilitation project of the main navigational channel section of the bridge. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the bridge construction operations.

Federal Register, Volume 80 Issue 197 (Tuesday, October 13, 2015)
[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Rules and Regulations]
[Pages 61309-61311]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25872]



[[Page 61309]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0921]
RIN 1625-AA00


Safety Zone, Great Egg Harbor Bay; Somers Point, 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 the vicinity of the Garden State 
Parkway Bridge in Somers Point, NJ. The safety zone will restrict 
vessel traffic on a portion of the Great Egg Harbor Bay while critical 
girder erection work is being conducted in response to the 
rehabilitation project of the main navigational channel section of the 
bridge. This 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 October 13, 
2015 through December 5, 2015. For purposes of enforcement, actual 
notice will be used from October 5, 2015 through October 13, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0921 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 Brennan.P.Dougherty@uscg.mil.

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

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, notification of the proposed work was not received 
until September 18, 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 a safety zone from October 5, 2015, through 
December 5, 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,

[[Page 61310]]

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 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 5, 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.T05-0921, to read as follows:


Sec.  165.T05-0921  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

[[Page 61311]]

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 be enforced from 7 a.m. to 6 
p.m. each day except Sundays, from October 5, 2015, to December 5, 
2015, unless cancelled earlier by the Captain of the Port.

B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-25872 Filed 10-9-15; 8:45 am]
BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Rules and Regulations                                         61309

                                                  DEPARTMENT OF HOMELAND                                  opportunity to comment pursuant to                    protect personnel, vessels, and the
                                                  SECURITY                                                authority under section 4(a) of the                   marine environment in these navigable
                                                                                                          Administrative Procedure Act (APA) (5                 waters while bridge construction
                                                  Coast Guard                                             U.S.C. 553(b)). This provision                        operations are being conducted. Entry
                                                                                                          authorizes an agency to issue a rule                  into, transiting, or anchoring within the
                                                  33 CFR Part 165                                         without prior notice and opportunity to               safety zone is prohibited unless vessels
                                                                                                          comment when the agency for good                      obtain permission from the Captain of
                                                  [Docket Number USCG–2015–0921]
                                                                                                          cause finds that those procedures are                 the Port (COTP) or make satisfactory
                                                  RIN 1625–AA00                                           ‘‘impracticable, unnecessary, or contrary             passing arrangements with the
                                                                                                          to the public interest.’’ Under 5 U.S.C.              construction vessel per this rule and the
                                                  Safety Zone, Great Egg Harbor Bay;                      553(b)(B), the Coast Guard finds that                 Rules of the Road (33 CFR Subchapter
                                                  Somers Point, NJ                                        good cause exists for not publishing a                E). During portions of this project the
                                                                                                          notice of proposed rulemaking (NPRM)                  main navigation channel will be closed
                                                  AGENCY:    Coast Guard, DHS.
                                                                                                          with respect to this rule because this                each day for vessel traffic from 7 a.m.
                                                  ACTION:   Temporary final rule.                         critical phase of the rehabilitation work             to 6 p.m., excluding Sundays. These
                                                                                                          to the Garden State Parkway Bridge,                   closures are necessary for safety due to
                                                  SUMMARY:   The Coast Guard is
                                                                                                          main channel section, poses a safety                  hazards associated with bridge
                                                  establishing a temporary safety zone on
                                                                                                          threat to maritime traffic and a safety               maintenance. Bridge work will stop and
                                                  the waters of Great Egg Harbor Bay in
                                                                                                          zone is needed. Furthermore,                          the channel will be clear for vessels to
                                                  the vicinity of the Garden State Parkway
                                                                                                          notification of the proposed work was                 pass under the bridge between 6 p.m. to
                                                  Bridge in Somers Point, NJ. The safety
                                                                                                          not received until September 18, 2015.                7 a.m. Monday through Saturday;
                                                  zone will restrict vessel traffic on a
                                                                                                          Due to the need for an immediate                      during these hours when bridge work is
                                                  portion of the Great Egg Harbor Bay
                                                                                                          response and the late notification of the             stopped, mariners may transit the main
                                                  while critical girder erection work is
                                                                                                          work, providing a notice and comment                  channel without restrictions. In
                                                  being conducted in response to the
                                                                                                          period would be impractical.                          addition, the channel will be fully
                                                  rehabilitation project of the main                         We are issuing this rule, and, under               available on Sundays and vessels may
                                                  navigational channel section of the                     5 U.S.C. 553(d)(3), the Coast Guard finds             transit freely. At all times, secondary
                                                  bridge. This temporary safety zone is                   that good cause exists for making it                  bridge spans will be clear to pass;
                                                  necessary to protect the surrounding                    effective less than 30 days after                     vessels able to pass under secondary
                                                  public and vessels from the hazards                     publication in the Federal Register                   channel spans may do so at any time.
                                                  associated with the bridge construction                 because allowing this construction to go              There will be number of working days
                                                  operations.                                             forward without a safety zone in place                that the navigation channel will not be
                                                  DATES: This rule is effective without                   would expose mariners and the public                  obstructed; however, mariners wishing
                                                  actual notice from October 13, 2015                     to unnecessary dangers associated with                to transit Monday through Saturday
                                                  through December 5, 2015. For purposes                  bridge construction operations and                    between 7 a.m. and 6 p.m. must make
                                                  of enforcement, actual notice will be                   navigation channel closure.                           passing arrangements with the on scene
                                                  used from October 5, 2015 through                                                                             construction vessel or obtain permission
                                                  October 13, 2015.                                       III. Legal Authority and Need for Rule
                                                                                                                                                                from the COTP or his representative.
                                                  ADDRESSES: To view documents                               The Coast Guard is issuing this rule
                                                                                                          under authority in 33 U.S.C. 1231; 33                 V. Regulatory Analyses
                                                  mentioned in this preamble as being
                                                  available in the docket, go to http://                  CFR 1.05–1 and 160.5; and Department                    We developed this rule after
                                                  www.regulations.gov, type USCG–2015–                    of Homeland Security Delegation No.                   considering numerous statutes and
                                                  0921 in the ‘‘SEARCH’’ box and click                    0170.1. The Captain of the Port,                      executive orders (E.O.s) related to
                                                  ‘‘SEARCH.’’ Click on Open Docket                        Delaware Bay, has determined that                     rulemaking. Below we summarize our
                                                  Folder on the line associated with this                 potential hazards associated with bridge              analyses based on a number of these
                                                  rule.                                                   construction operations starting October              statutes and E.O.s, and we discuss First
                                                                                                          5, 2015, will be a safety concern for                 Amendment rights of protestors.
                                                  FOR FURTHER INFORMATION CONTACT: If
                                                                                                          anyone within a 200-yard radius of
                                                  you have questions on this rule, call or                                                                      A. Regulatory Planning and Review
                                                                                                          bridge work, vessels, and machinery.
                                                  email Lieutenant Brennan Dougherty,                                                                              E.O.s 12866 and 13563 direct agencies
                                                                                                          This rule is needed to protect personnel,
                                                  U.S. Coast Guard, Sector Delaware Bay,                                                                        to assess the costs and benefits of
                                                                                                          vessels, and the marine environment in
                                                  Chief Waterways Management Division,                                                                          available regulatory alternatives and, if
                                                                                                          the navigable waters within the safety
                                                  Coast Guard; telephone (215) 271–4851,                                                                        regulation is necessary, to select
                                                                                                          zone while the bridge work is being
                                                  email Brennan.P.Dougherty@uscg.mil.                                                                           regulatory approaches that maximize
                                                                                                          conducted.
                                                  SUPPLEMENTARY INFORMATION:                                                                                    net benefits. E.O. 13563 emphasizes the
                                                                                                          IV. Discussion of the Rule                            importance of quantifying both costs
                                                  I. Table of Abbreviations
                                                                                                             This rule establishes a safety zone                and benefits, of reducing costs, of
                                                  CFR Code of Federal Regulations                         from October 5, 2015, through December                harmonizing rules, and of promoting
                                                  DHS Department of Homeland Security                     5, 2015, and the zone will be enforced                flexibility. This rule has not been
                                                  E.O. Executive Order                                    from 7 a.m. to 6 p.m. daily, excluding
                                                  FR Federal Register
                                                                                                                                                                designated a ‘‘significant regulatory
                                                  Pub. L. Public Law
                                                                                                          Sundays. The safety zone will cover all               action,’’ under E.O. 12866. Accordingly,
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  § Section                                               navigable waters within 200 yards of                  it has not been reviewed by the Office
                                                  U.S.C. United States Code                               vessels and machinery, at approximate                 of Management and Budget.
                                                  COTP Captain of the Port                                position, 39°17′32″ N., 074°37′32″ W.,                   This regulatory action determination
                                                                                                          being used by personnel for                           is based on the size, location, and
                                                  II. Background Information and                          construction and repair of the Garden                 duration of the safety zone. Vessel
                                                  Regulatory History                                      State Parkway Bridge over the Great Egg               traffic will be able to safely transit from
                                                    The Coast Guard is issuing this                       Harbor Bay in Somers Point, NJ. The                   the hours of 6 p.m. to 7 a.m., daily,
                                                  temporary rule without prior notice and                 duration of the zone is intended to                   excluding Sundays. At other times,


                                             VerDate Sep<11>2014   17:03 Oct 09, 2015   Jkt 238001   PO 00000   Frm 00033   Fmt 4700   Sfmt 4700   E:\FR\FM\13OCR1.SGM   13OCR1


                                                  61310            Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Rules and Regulations

                                                  vessel master may request permission to                 C. Collection of Information                          December 5, 2015, that prohibits entry
                                                  transit the safety zone. There will be                    This rule will not call for a new                   within 200 yards of vessels and
                                                  number of working days that the                         collection of information under the                   machinery being used by personnel
                                                  navigation channel will not be                          Paperwork Reduction Act of 1995 (44                   conducting bridge work on the Garden
                                                  obstructed. At all times, secondary                     U.S.C. 3501–3520).                                    State Parkway Bridge over the Great Egg
                                                  bridge spans will be clear to pass;                                                                           Harbor Bay, in Somers Point, NJ. It is
                                                  vessels able to pass under secondary                    D. Federalism and Indian Tribal                       categorically excluded from further
                                                  channel spans may do so at any time                     Governments                                           review under paragraph 34(g) of Figure
                                                  without requesting permission. This                        A rule has implications for federalism             2–1 of the Commandant Instruction. An
                                                  safety zone will impact a small                         under E.O. 13132, Federalism, if it has               environmental analysis checklist
                                                  designated area of the Great Egg Harbor                 a substantial direct effect on the States,            supporting this determination and a
                                                  Bay, in Somers Point, NJ for no more                    on the relationship between the national              Categorical Exclusion Determination are
                                                  than an 11 hour period each day.                        government and the States, or on the                  available in the docket where indicated
                                                                                                          distribution of power and                             under ADDRESSES. We seek any
                                                  B. Impact on Small Entities
                                                                                                          responsibilities among the various                    comments or information that may lead
                                                     The Regulatory Flexibility Act of                    levels of government. We have analyzed                to the discovery of a significant
                                                  1980, 5 U.S.C. 601–612, as amended,                     this rule under that Order and have                   environmental impact from this rule.
                                                  requires Federal agencies to consider                   determined that it is consistent with the
                                                                                                                                                                G. Protest Activities
                                                  the potential impact of regulations on                  fundamental federalism principles and
                                                  small entities during rulemaking. The                   preemption requirements described in                    The Coast Guard respects the First
                                                  term ‘‘small entities’’ comprises small                 E.O. 13132.                                           Amendment rights of protesters.
                                                  businesses, not-for-profit organizations                   Also, this rule does not have tribal               Protesters are asked to contact the
                                                  that are independently owned and                        implications under E.O. 13175,                        person listed in the FOR FURTHER
                                                                                                          Consultation and Coordination with                    INFORMATION CONTACT section to
                                                  operated and are not dominant in their
                                                  fields, and governmental jurisdictions                  Indian Tribal Governments, because it                 coordinate protest activities so that your
                                                  with populations of less than 50,000.                   does not have a substantial direct effect             message can be received without
                                                  The Coast Guard certifies under 5 U.S.C.                on one or more Indian tribes, on the                  jeopardizing the safety or security of
                                                  605(b) that this rule will not have a                   relationship between the Federal                      people, places or vessels.
                                                  significant economic impact on a                        Government and Indian tribes, or on the
                                                                                                                                                                List of Subjects in 33 CFR Part 165
                                                  substantial number of small entities.                   distribution of power and
                                                                                                          responsibilities between the Federal                    Harbors, Marine safety, Navigation
                                                     While some owners or operators of                    Government and Indian tribes. If you                  (water), Reporting and recordkeeping
                                                  vessels intending to transit the safety                 believe this rule has implications for                requirements, Security measures,
                                                  zone may be small entities, for the                     federalism or Indian tribes, please                   Waterways.
                                                  reasons stated in section V.A above, this               contact the person listed in the FOR                    For the reasons discussed in the
                                                  rule will not have a significant                        FURTHER INFORMATION CONTACT section                   preamble, the Coast Guard amends 33
                                                  economic impact on any vessel owner                     above.                                                CFR part 165 as follows:
                                                  or operator.
                                                                                                          E. Unfunded Mandates Reform Act                       PART 165—REGULATED NAVIGATION
                                                     Under section 213(a) of the Small
                                                  Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    AREAS AND LIMITED ACCESS AREAS
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                          Federal agencies to assess the effects of             ■ 1. The authority citation for part 165
                                                  we want to assist small entities in                                                                           continues to read as follows:
                                                  understanding this rule. If the rule                    their discretionary regulatory actions. In
                                                  would affect your small business,                       particular, the Act addresses actions                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  organization, or governmental                           that may result in the expenditure by a               33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                          State, local, or tribal government, in the            Department of Homeland Security Delegation
                                                  jurisdiction and you have questions                                                                           No. 0170.1.
                                                  concerning its provisions or options for                aggregate, or by the private sector of
                                                  compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              ■ 2. Add temporary § 165.T05–0921, to
                                                  listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                read as follows:
                                                                                                          will not result in such an expenditure,
                                                  CONTACT section.
                                                                                                          we do discuss the effects of this rule                § 165.T05–0921 Safety Zone, Great Egg
                                                     Small businesses may send comments                   elsewhere in this preamble.                           Harbor Bay; Somers Point, NJ.
                                                  on the actions of Federal employees                                                                             (a) Location: The following area is a
                                                  who enforce, or otherwise determine                     F. Environment
                                                                                                                                                                safety zone: All the waters of Great Egg
                                                  compliance with, Federal regulations to                   We have analyzed this rule under                    Harbor Bay, 200 yards around the main
                                                  the Small Business and Agriculture                      Department of Homeland Security                       channel portion of the bridge, in
                                                  Regulatory Enforcement Ombudsman                        Management Directive 023–01 and                       approximate position 39°17′32″ N.,
                                                  and the Regional Small Business                         Commandant Instruction M16475.lD,                     074°37′32″ W. These coordinates are
                                                  Regulatory Fairness Boards. The                         which guide the Coast Guard in                        based upon North American Datum 83
                                                  Ombudsman evaluates these actions                       complying with the National                           (NAD 83).
                                                  annually and rates each agency’s                        Environmental Policy Act of 1969 (42                    (b) Definitions.
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                                                  responsiveness to small business. If you                U.S.C. 4321–4370f), and have                            (1) The Captain of the Port means the
                                                  wish to comment on actions by                           determined that this action is one of a               Commander of Sector Delaware Bay or
                                                  employees of the Coast Guard, call 1–                   category of actions that do not                       any Coast Guard commissioned,
                                                  888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                   warrant, or petty officer who has been
                                                  Coast Guard will not retaliate against                  significant effect on the human                       authorized by the Captain of the Port to
                                                  small entities that question or complain                environment. This rule involves a safety              act on his behalf.
                                                  about this rule or any policy or action                 zone in force for no more than 11 hours                 (2) Designated representative means
                                                  of the Coast Guard.                                     each day, from October 1, 2015, to                    any Coast Guard commissioned, warrant


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                                                                   Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Rules and Regulations                                          61311

                                                  or petty officer who has been authorized                ENVIRONMENTAL PROTECTION                              Section, Air Programs Branch (AR–18J),
                                                  by the Captain of the Port, Delaware                    AGENCY                                                U.S. Environmental Protection Agency,
                                                  Bay, to assist in enforcing the safety                                                                        Region 5, 77 West Jackson Boulevard,
                                                  zone described in paragraph (a) of this                 40 CFR Part 52                                        Chicago, Illinois 60604, (312) 886–9401,
                                                  section.                                                [EPA–R05–OAR–2014–0657; FRL–9935–18-                  arra.sarah@epa.gov.
                                                    (c) Regulations: The general safety                   Region 5]                                             SUPPLEMENTARY INFORMATION:
                                                  zone regulations found in 33 CFR part                                                                         Throughout this document whenever
                                                                                                          Air Plan Approval; MI; Infrastructure                 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                  165 subpart C apply to the safety zone
                                                                                                          SIP Requirements for the 2008 Ozone,                  EPA. This supplementary information
                                                  created by this section.
                                                                                                          2010 NO2, 2010 SO2, and 2012 PM2.5                    section is arranged as follows:
                                                     (1) During periods of full channel                   NAAQS                                                 I. What is the background of these SIP
                                                  closures, the main navigational channel                                                                            submissions?
                                                  will be obstructed and vessels will be                  AGENCY:  Environmental Protection
                                                                                                          Agency (EPA).                                         II. What is our response to comments
                                                  unable to pass. Secondary bridge spans                                                                             received on the proposed rulemaking?
                                                  will be clear to pass; vessels able to pass             ACTION: Final rule.                                   III. What action is EPA taking?
                                                  under secondary channel spans may do                                                                          IV. Statutory and Executive Order Reviews
                                                                                                          SUMMARY:    The Environmental Protection
                                                  so.                                                     Agency (EPA) is taking final action to                I. What is the background of these SIP
                                                     (2) Vessels wishing to transit the                   approve elements of state                             submissions?
                                                  safety zone in the main navigational                    implementation plan (SIP) submissions                 A. What does this rulemaking address?
                                                  channel may do so if they can make                      by Michigan regarding the infrastructure
                                                  satisfactory passing arrangements with                  requirements of section 110 of the Clean                This rulemaking addresses
                                                  the on-scene construction vessel in                     Air Act (CAA) for the 2008 ozone, 2010                infrastructure SIP submissions from the
                                                  accordance with the Navigational Rules                  nitrogen dioxide (NO2), 2010 sulfur                   Michigan Department of Environmental
                                                  in 33 CFR Subchapter E. If vessels are                  dioxide (SO2), and 2012 fine particulate              Quality (MDEQ) submitted on July 10,
                                                  unable to make satisfactory passing                     (PM2.5) national ambient air quality                  2014, for the 2008 ozone, 2010 NO2,
                                                  arrangements with the on-scene                          standards (NAAQS). The infrastructure                 2010 SO2, and 2012 PM2.5 NAAQS.
                                                  construction vessel, they may request                   requirements are designed to ensure that              B. Why did the state make this SIP
                                                  permission from the COTP or his                         the structural components of each                     submission?
                                                  designated representative on VHF                        state’s air quality management program
                                                                                                          are adequate to meet the requirements of                Under sections 110(a)(1) and (2) of the
                                                  channel 16.                                                                                                   CAA, states are required to submit
                                                                                                          the CAA. The proposed rulemaking
                                                     (3) There will be number of working                  associated with this final action was                 infrastructure SIPs to ensure that their
                                                  days that the navigation channel will                   published on June 24, 2015, and EPA                   SIPs provide for implementation,
                                                  not be obstructed; however, mariners                    received one comment letter during the                maintenance, and enforcement of the
                                                  wishing to transit during the                           comment period, which ended on July                   NAAQS. These submissions must
                                                  enforcement period must still comply                    24, 2015. The concerns raised in this                 contain any revisions needed for
                                                  with the procedures in paragraph (c)(2)                 letter, as well as EPA’s responses, are               meeting the applicable SIP requirements
                                                  of this section.                                        addressed in this final action.                       of section 110(a)(2), or certifications that
                                                     (4) The main channel will be clear                                                                         their existing SIPs already meet those
                                                                                                          DATES: This final rule is effective on
                                                                                                                                                                requirements.
                                                  from the hours of 6 p.m. to 7 a.m. daily,               November 12, 2015.
                                                                                                                                                                  EPA has highlighted this statutory
                                                  and every Sunday throughout the course                  ADDRESSES: EPA has established a                      requirement in multiple guidance
                                                  of the project. Vessels may transit                     docket for this action under Docket ID                documents, including the most recent
                                                  through the safety zone at these times                  No. EPA–R05–OAR–2014–0657. All                        guidance document entitled ‘‘Guidance
                                                  without restriction.                                    documents in the docket are listed in                 on Infrastructure State Implementation
                                                     (5) This section applies to all vessels              the www.regulations.gov index.                        Plan (SIP) Elements under CAA
                                                  wishing to transit through the safety                   Although listed in the index, some                    Sections 110(a)(1) and (2)’’ issued on
                                                  zone except vessels that are engaged in                 information is not publicly available,                September 13, 2013.
                                                  the following operations: Enforcing                     e.g., Confidential Business Information
                                                                                                          or other information whose disclosure is              C. What is the scope of this rulemaking?
                                                  laws; servicing aids to navigation, and
                                                  emergency response vessels.                             restricted by statute. Certain other                     EPA is acting upon Michigan’s SIP
                                                                                                          material, such as copyrighted material,               submissions that address the
                                                     (d) Enforcement officials. The U.S.                  will be publicly-available only in hard               infrastructure requirements of CAA
                                                  Coast Guard may be assisted by Federal,                 copy. Publicly-available docket                       sections 110(a)(1) and 110(a)(2) for the
                                                  State, and local agencies in the patrol                 materials are available either                        2008 ozone, 2010 NO2, 2010 SO2, and
                                                  and enforcement of the zone.                            electronically in www.regulations.gov or              2012 PM2.5 NAAQS. The requirement
                                                     (e) Enforcement period. This rule will               in hard copy at the U.S. Environmental                for states to make SIP submissions of
                                                  be enforced from 7 a.m. to 6 p.m. each                  Protection Agency, Region 5, Air and                  this type arises out of CAA section
                                                  day except Sundays, from October 5,                     Radiation Division, 77 West Jackson                   110(a)(1). Pursuant to section 110(a)(1),
                                                  2015, to December 5, 2015, unless                       Boulevard, Chicago, Illinois 60604. This              states must make SIP submissions
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                                                  cancelled earlier by the Captain of the                 facility is open from 8:30 a.m. to 4:30               ‘‘within 3 years (or such shorter period
                                                  Port.                                                   p.m., Monday through Friday, excluding                as the Administrator may prescribe)
                                                                                                          Federal holidays. We recommend that                   after the promulgation of a national
                                                  B.A. Cooper,                                            you telephone Sarah Arra at (312) 886–                primary ambient air quality standard (or
                                                  Captain, U.S. Coast Guard, Captain of the               9401 before visiting the Region 5 office.             any revision thereof),’’ and these SIP
                                                  Port Delaware Bay.                                      FOR FURTHER INFORMATION CONTACT:                      submissions are to provide for the
                                                  [FR Doc. 2015–25872 Filed 10–9–15; 8:45 am]             Sarah Arra, Environmental Scientist,                  ‘‘implementation, maintenance, and
                                                  BILLING CODE 9110–04–P                                  Attainment Planning and Maintenance                   enforcement’’ of such NAAQS. The


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Document Created: 2018-02-27 08:48:09
Document Modified: 2018-02-27 08:48:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from October 13, 2015 through December 5, 2015. For purposes of enforcement, actual notice will be used from October 5, 2015 through October 13, 2015.
ContactIf 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]
FR Citation80 FR 61309 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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