80_FR_77810 80 FR 77570 - Safety Zone, Great Egg Harbor Bay; Somers Point, NJ

80 FR 77570 - Safety Zone, Great Egg Harbor Bay; Somers Point, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 240 (December 15, 2015)

Page Range77570-77573
FR Document2015-31489

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

Federal Register, Volume 80 Issue 240 (Tuesday, December 15, 2015)
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Rules and Regulations]
[Pages 77570-77573]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31489]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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

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

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1031 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector 
Delaware Bay, Chief Waterways Management Division, Coast Guard; 
telephone (215) 271-4851, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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


[[Page 77571]]



II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because this critical phase of the 
rehabilitation work to the Garden State Parkway Bridge, main channel 
section, poses a safety threat to maritime traffic and a safety zone is 
needed. Furthermore, the request for work to continue until December 
31, 2015 was not received until November 12, 2015. Due to the need for 
an immediate response and the late notification of the work, providing 
a notice and comment period would be impractical.
    We are issuing this rule, and, under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register because allowing this 
construction to go forward without a safety zone in place would expose 
mariners and the public to unnecessary dangers associated with bridge 
construction operations and navigation channel closure.

III. Legal Authority and Need for Rule

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

IV. Discussion of the Rule

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

V. Regulatory Analyses

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

A. Regulatory Planning and Review

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

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by

[[Page 77572]]

employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The 
Coast Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone in force for no more than 11 hours each 
day, from October 1, 2015, to December 31, 2015, that prohibits entry 
within 200 yards of vessels and machinery being used by personnel 
conducting bridge work on the Garden State Parkway Bridge over the 
Great Egg Harbor Bay, in Somers Point, NJ. It is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add temporary Sec.  165.T05-1031 to read as follows:


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

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


[[Page 77573]]


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



                                                  77570                Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations

                                                  impracticable and contrary to the public                            PBGC has determined that this action                         PART 4022—BENEFITS PAYABLE IN
                                                  interest. This finding is based on the                           is not a ‘‘significant regulatory action’’                      TERMINATED SINGLE-EMPLOYER
                                                  need to determine and issue new                                  under the criteria set forth in Executive                       PLANS
                                                  interest assumptions promptly so that                            Order 12866.
                                                  the assumptions can reflect current                                 Because no general notice of proposed                        ■ 1. The authority citation for part 4022
                                                  market conditions as accurately as                               rulemaking is required for this                                 continues to read as follows:
                                                  possible.                                                        amendment, the Regulatory Flexibility                             Authority: 29 U.S.C. 1302, 1322, 1322b,
                                                                                                                   Act of 1980 does not apply. See 5 U.S.C.                        1341(c)(3)(D), and 1344.
                                                     Because of the need to provide                                601(2).
                                                  immediate guidance for the payment of                                                                                            ■ 2. In appendix B to part 4022, Rate Set
                                                  benefits under plans with valuation                              List of Subjects in 29 CFR Part 4022
                                                                                                                                                                                   267, as set forth below, is added to the
                                                  dates during January 2016, PBGC finds                              Employee benefit plans, Pension                               table.
                                                  that good cause exists for making the                            insurance, Pensions, Reporting and
                                                  assumptions set forth in this                                    recordkeeping requirements.                                     Appendix B to Part 4022—Lump Sum
                                                  amendment effective less than 30 days                              In consideration of the foregoing, 29                         Interest Rates For PBGC Payments
                                                  after publication.                                               CFR part 4022 is amended as follows:                            *     *         *       *   *

                                                                                             For plans with a valuation                                                             Deferred annuities
                                                                                                                                 Immediate
                                                                                                       date                                                                             (percent)
                                                               Rate set                                                         annuity rate
                                                                                                                                  (percent)
                                                                                             On or after         Before                                    i1                 i2              i3               n1        n2


                                                             *                               *                      *                             *                      *                             *             *
                                                  267 ....................................       1–1–16         2–1–16                 1.25               4.00           4.00                4.00              7         8



                                                  ■ 3. In appendix C to part 4022, Rate Set                        Appendix C to Part 4022—Lump Sum
                                                  267, as set forth below, is added to the                         Interest Rates for Private-Sector
                                                  table.                                                           Payments
                                                                                                                   *        *      *          *       *

                                                                                             For plans with a valuation                                                             Deferred annuities
                                                                                                                                 Immediate
                                                                                                       date                                                                             (percent)
                                                               Rate set                                                         annuity rate
                                                                                                                                  (percent)
                                                                                             On or after         Before                                    i1                 i2              i3               n1        n2


                                                               *                             *                         *                          *                       *                            *             *

                                                  267 ....................................       1–1–16         2–1–16                 1.25               4.00           4.00                4.00              7         8



                                                    Issued in Washington, DC, on this 9th day                      the vicinity of the Garden State Parkway                        ADDRESSES:   To view documents
                                                  of December, 2015.                                               Bridge in Somers Point, NJ. Due to the                          mentioned in this preamble as being
                                                  Judith Starr,                                                    severe weather felt in the Mid-Atlantic                         available in the docket, go to http://
                                                  General Counsel, Pension Benefit Guaranty                        region in the past month the project has                        www.regulations.gov, type USCG–2015–
                                                  Corporation.                                                     been delayed by a number of weeks and                           1031 in the ‘‘SEARCH’’ box and click
                                                  [FR Doc. 2015–31568 Filed 12–14–15; 8:45 am]                     more time is needed to complete the                             ‘‘SEARCH.’’ Click on Open Docket
                                                  BILLING CODE 7709–02–P                                           critical repairs for the Garden State                           Folder on the line associated with this
                                                                                                                   Parkway Bridge. The safety zone will                            rule.
                                                                                                                   continue to restrict vessel traffic on a                        FOR FURTHER INFORMATION CONTACT:     If
                                                  DEPARTMENT OF HOMELAND                                           portion of the Great Egg Harbor Bay                             you have questions on this rule, call or
                                                  SECURITY                                                         while critical girder erection work is                          email Lieutenant Brennan Dougherty,
                                                                                                                   being conducted as part of the                                  U.S. Coast Guard, Sector Delaware Bay,
                                                  Coast Guard
                                                                                                                   rehabilitation project of the main                              Chief Waterways Management Division,
                                                  33 CFR Part 165                                                  navigational channel section of the                             Coast Guard; telephone (215) 271–4851,
                                                                                                                   bridge. This extension of the temporary                         email Brennan.P.Dougherty@uscg.mil.
                                                  [Docket Number USCG–2015–1031]                                   safety zone is necessary to protect the                         SUPPLEMENTARY INFORMATION:
                                                  RIN 1625–AA00                                                    surrounding public and vessels from the
                                                                                                                   hazards associated with the bridge                              I. Table of Abbreviations
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Safety Zone, Great Egg Harbor Bay;                               construction operations.
                                                  Somers Point, NJ                                                                                                                 CFR Code of Federal Regulations
                                                                                                                   DATES:  This rule is effective without                          DHS Department of Homeland Security
                                                  AGENCY:       Coast Guard, DHS.                                  actual notice from December 15, 2015                            E.O. Executive order
                                                  ACTION:      Temporary final rule.                               through December 31, 2015. For                                  FR Federal Register
                                                                                                                   purposes of enforcement, actual notice                          Pub. L. Public Law
                                                  SUMMARY:   The Coast Guard is extending                                                                                          § Section
                                                                                                                   will be used from October 5, 2015
                                                  the dates for a temporary safety zone on                                                                                         U.S.C. United States Code
                                                  the waters of Great Egg Harbor Bay in                            through December 15, 2015.                                      COTP Captain of the Port



                                             VerDate Sep<11>2014        16:23 Dec 14, 2015       Jkt 238001   PO 00000     Frm 00002    Fmt 4700      Sfmt 4700   E:\FR\FM\15DER1.SGM     15DER1


                                                                   Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations                                        77571

                                                  II. Background Information and                          machinery, at approximate position,                   it has not been reviewed by the Office
                                                  Regulatory History                                      39°17′32″ N., 074°37′32″ W., being used               of Management and Budget.
                                                                                                          by personnel for construction and repair                 This regulatory action determination
                                                     The Coast Guard is issuing this
                                                                                                          of the Garden State Parkway Bridge over               is based on the size, location, and
                                                  temporary rule without prior notice and
                                                                                                          the Great Egg Harbor Bay in Somers                    duration of the safety zone. Vessel
                                                  opportunity to comment pursuant to
                                                                                                          Point, NJ. The duration of the zone is                traffic will be able to safely transit from
                                                  authority under section 4(a) of the
                                                                                                          intended to protect personnel, vessels,               the hours of 6 p.m. to 7 a.m., daily,
                                                  Administrative Procedure Act (APA) (5                                                                         excluding Sundays. At other times,
                                                  U.S.C. 553(b)). This provision                          and the marine environment in these
                                                                                                          navigable waters while bridge                         vessel master may request permission to
                                                  authorizes an agency to issue a rule                                                                          transit the safety zone. There will be
                                                  without prior notice and opportunity to                 construction operations are being
                                                                                                          conducted. Entry into, transiting, or                 number of working days that the
                                                  comment when the agency for good                                                                              navigation channel will not be
                                                  cause finds that those procedures are                   anchoring within the safety zone is
                                                                                                          prohibited unless vessels obtain                      obstructed. At all times, secondary
                                                  ‘‘impracticable, unnecessary, or contrary                                                                     bridge spans will be clear to pass;
                                                  to the public interest.’’ Under 5 U.S.C.                permission from the Captain of the Port
                                                                                                          (COTP) or make satisfactory passing                   vessels able to pass under secondary
                                                  553(b)(B), the Coast Guard finds that                                                                         channel spans may do so at any time
                                                  good cause exists for not publishing a                  arrangements with the construction
                                                                                                          vessel per this rule and the Rules of the             without requesting permission. This
                                                  notice of proposed rulemaking (NPRM)                                                                          safety zone will impact a small
                                                  with respect to this rule because this                  Road (33 CFR Subchapter E). During
                                                                                                          portions of this project the main                     designated area of the Great Egg Harbor
                                                  critical phase of the rehabilitation work                                                                     Bay, in Somers Point, NJ for no more
                                                  to the Garden State Parkway Bridge,                     navigation channel will be closed each
                                                                                                          day for vessel traffic from 7 a.m. to 6               than an 11 hour period each day.
                                                  main channel section, poses a safety
                                                  threat to maritime traffic and a safety                 p.m., excluding Sundays. These                        B. Impact on Small Entities
                                                  zone is needed. Furthermore, the                        closures are necessary for safety due to
                                                                                                                                                                   The Regulatory Flexibility Act of
                                                  request for work to continue until                      hazards associated with bridge
                                                                                                                                                                1980, 5 U.S.C. 601–612, as amended,
                                                  December 31, 2015 was not received                      maintenance. Bridge work will stop and
                                                                                                                                                                requires Federal agencies to consider
                                                  until November 12, 2015. Due to the                     the channel will be clear for vessels to
                                                                                                                                                                the potential impact of regulations on
                                                  need for an immediate response and the                  pass under the bridge between 6 p.m. to
                                                                                                                                                                small entities during rulemaking. The
                                                  late notification of the work, providing                7 a.m. Monday through Saturday;
                                                                                                                                                                term ‘‘small entities’’ comprises small
                                                  a notice and comment period would be                    during these hours when bridge work is
                                                                                                                                                                businesses, not-for-profit organizations
                                                  impractical.                                            stopped, mariners may transit the main
                                                                                                                                                                that are independently owned and
                                                     We are issuing this rule, and, under                 channel without restrictions. In                      operated and are not dominant in their
                                                  5 U.S.C. 553(d)(3), the Coast Guard finds               addition, the channel will be fully                   fields, and governmental jurisdictions
                                                  that good cause exists for making it                    available on Sundays and vessels may                  with populations of less than 50,000.
                                                  effective less than 30 days after                       transit freely. At all times, secondary               The Coast Guard certifies under 5 U.S.C.
                                                  publication in the Federal Register                     bridge spans will be clear to pass;                   605(b) that this rule will not have a
                                                  because allowing this construction to go                vessels able to pass under secondary                  significant economic impact on a
                                                  forward without a safety zone in place                  channel spans may do so at any time.                  substantial number of small entities.
                                                  would expose mariners and the public                    There will be number of working days                     While some owners or operators of
                                                  to unnecessary dangers associated with                  that the navigation channel will not be               vessels intending to transit the safety
                                                  bridge construction operations and                      obstructed; however, mariners wishing                 zone may be small entities, for the
                                                  navigation channel closure.                             to transit Monday through Saturday                    reasons stated in section V.A above, this
                                                                                                          between 7 a.m. and 6 p.m. must make                   rule will not have a significant
                                                  III. Legal Authority and Need for Rule                  passing arrangements with the on scene                economic impact on any vessel owner
                                                     The Coast Guard is issuing this rule                 construction vessel or obtain permission              or operator.
                                                  under authority in 33 U.S.C. 1231; 33                   from the COTP or his representative.                     Under section 213(a) of the Small
                                                  CFR 1.05–1 and 160.5; and Department                    V. Regulatory Analyses                                Business Regulatory Enforcement
                                                  of Homeland Security Delegation No.                                                                           Fairness Act of 1996 (Pub. L. 104–121),
                                                  0170.1. The Captain of the Port,                          We developed this rule after                        we want to assist small entities in
                                                  Delaware Bay, has determined that                       considering numerous statutes and                     understanding this rule. If the rule
                                                  potential hazards associated with bridge                executive orders (E.O.s) related to                   would affect your small business,
                                                  construction operations starting October                rulemaking. Below we summarize our                    organization, or governmental
                                                  5, 2015, will be a safety concern for                   analyses based on a number of these                   jurisdiction and you have questions
                                                  anyone within a 200-yard radius of                      statutes and E.O.s, and we discuss First              concerning its provisions or options for
                                                  bridge work, vessels, and machinery.                    Amendment rights of protestors.                       compliance, please contact the person
                                                  This rule is needed to protect personnel,               A. Regulatory Planning and Review                     listed in the FOR FURTHER INFORMATION
                                                  vessels, and the marine environment in                                                                        CONTACT section.
                                                  the navigable waters within the safety                     E.O.s 12866 and 13563 direct agencies                 Small businesses may send comments
                                                  zone while the bridge work is being                     to assess the costs and benefits of                   on the actions of Federal employees
                                                  conducted.                                              available regulatory alternatives and, if             who enforce, or otherwise determine
                                                                                                          regulation is necessary, to select                    compliance with, Federal regulations to
                                                  IV. Discussion of the Rule
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                                                                                                          regulatory approaches that maximize                   the Small Business and Agriculture
                                                    This rule establishes the continuation                net benefits. E.O. 13563 emphasizes the               Regulatory Enforcement Ombudsman
                                                  of a safety zone from October 5, 2015,                  importance of quantifying both costs                  and the Regional Small Business
                                                  through December 31, 2015, and the                      and benefits, of reducing costs, of                   Regulatory Fairness Boards. The
                                                  zone will be enforced from 7 a.m. to 6                  harmonizing rules, and of promoting                   Ombudsman evaluates these actions
                                                  p.m. daily, excluding Sundays. The                      flexibility. This rule has not been                   annually and rates each agency’s
                                                  safety zone will cover all navigable                    designated a ‘‘significant regulatory                 responsiveness to small business. If you
                                                  waters within 200 yards of vessels and                  action,’’ under E.O. 12866. Accordingly,              wish to comment on actions by


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                                                  77572            Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations

                                                  employees of the Coast Guard, call 1–                   determined that this action is one of a               Delaware Bay or any Coast Guard
                                                  888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                       commissioned, warrant, or petty officer
                                                  Coast Guard will not retaliate against                  individually or cumulatively have a                   who has been authorized by the Captain
                                                  small entities that question or complain                significant effect on the human                       of the Port to act on his behalf.
                                                  about this rule or any policy or action                 environment. This rule involves a safety                (2) Designated representative means
                                                  of the Coast Guard.                                     zone in force for no more than 11 hours               any Coast Guard commissioned, warrant
                                                                                                          each day, from October 1, 2015, to
                                                  C. Collection of Information                                                                                  or petty officer who has been authorized
                                                                                                          December 31, 2015, that prohibits entry
                                                    This rule will not call for a new                                                                           by the Captain of the Port, Delaware
                                                                                                          within 200 yards of vessels and
                                                  collection of information under the                                                                           Bay, to assist in enforcing the safety
                                                                                                          machinery being used by personnel
                                                  Paperwork Reduction Act of 1995 (44                     conducting bridge work on the Garden                  zone described in paragraph (a) of this
                                                  U.S.C. 3501–3520).                                      State Parkway Bridge over the Great Egg               section.
                                                  D. Federalism and Indian Tribal                         Harbor Bay, in Somers Point, NJ. It is                  (c) Regulations. The general safety
                                                  Governments                                             categorically excluded from further                   zone regulations found in 33 CFR part
                                                                                                          review under paragraph 34(g) of Figure                165 subpart C apply to the safety zone
                                                     A rule has implications for federalism               2–1 of the Commandant Instruction. An                 created by this section.
                                                  under E.O. 13132, Federalism, if it has                 environmental analysis checklist
                                                  a substantial direct effect on the States,                                                                       (1) During periods of full channel
                                                                                                          supporting this determination and a                   closures, the main navigational channel
                                                  on the relationship between the national                Categorical Exclusion Determination are
                                                  government and the States, or on the                                                                          will be obstructed and vessels will be
                                                                                                          available in the docket where indicated               unable to pass. Secondary bridge spans
                                                  distribution of power and                               under ADDRESSES. We seek any
                                                  responsibilities among the various                                                                            will be clear to pass; vessels able to pass
                                                                                                          comments or information that may lead
                                                  levels of government. We have analyzed                                                                        under secondary channel spans may do
                                                                                                          to the discovery of a significant
                                                  this rule under that Order and have                                                                           so.
                                                                                                          environmental impact from this rule.
                                                  determined that it is consistent with the                                                                        (2) Vessels wishing to transit the
                                                  fundamental federalism principles and                   G. Protest Activities                                 safety zone in the main navigational
                                                  preemption requirements described in                      The Coast Guard respects the First                  channel may do so if they can make
                                                  E.O. 13132.                                             Amendment rights of protesters.                       satisfactory passing arrangements with
                                                     Also, this rule does not have tribal                 Protesters are asked to contact the                   the on-scene construction vessel in
                                                  implications under E.O. 13175,                          person listed in the FOR FURTHER                      accordance with the Navigational Rules
                                                  Consultation and Coordination with                      INFORMATION CONTACT section to                        in 33 CFR Subchapter E. If vessels are
                                                  Indian Tribal Governments, because it                   coordinate protest activities so that your            unable to make satisfactory passing
                                                  does not have a substantial direct effect               message can be received without                       arrangements with the on-scene
                                                  on one or more Indian tribes, on the                    jeopardizing the safety or security of                construction vessel, they may request
                                                  relationship between the Federal                        people, places or vessels.                            permission from the COTP or his
                                                  Government and Indian tribes, or on the
                                                                                                          List of Subjects in 33 CFR Part 165                   designated representative on VHF
                                                  distribution of power and
                                                  responsibilities between the Federal                                                                          channel 16.
                                                                                                            Harbors, Marine safety, Navigation
                                                  Government and Indian tribes. If you                    (water), Reporting and recordkeeping                     (3) There will be number of working
                                                  believe this rule has implications for                  requirements, Security measures,                      days that the navigation channel will
                                                  federalism or Indian tribes, please                     Waterways.                                            not be obstructed; however, mariners
                                                  contact the person listed in the FOR                      For the reasons discussed in the                    wishing to transit during the
                                                  FURTHER INFORMATION CONTACT section                     preamble, the Coast Guard amends 33                   enforcement period must still comply
                                                  above.                                                  CFR part 165 as follows:                              with the procedures in paragraph (c)(2)
                                                                                                                                                                of this section.
                                                  E. Unfunded Mandates Reform Act                         PART 165—REGULATED NAVIGATION                            (4) The main channel will be clear
                                                    The Unfunded Mandates Reform Act                      AREAS AND LIMITED ACCESS AREAS                        from the hours of 6 p.m. to 7 a.m. daily,
                                                  of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                          ■ 1. The authority citation for part 165              and every Sunday throughout the course
                                                  Federal agencies to assess the effects of
                                                                                                          continues to read as follows:                         of the project. Vessels may transit
                                                  their discretionary regulatory actions. In
                                                  particular, the Act addresses actions                                                                         through the safety zone at these times
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  that may result in the expenditure by a                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                                                                                without restriction.
                                                  State, local, or tribal government, in the              Department of Homeland Security Delegation               (5) This section applies to all vessels
                                                  aggregate, or by the private sector of                  No. 0170.1.                                           wishing to transit through the safety
                                                  $100,000,000 (adjusted for inflation) or                ■ 2. Add temporary § 165.T05–1031 to                  zone except vessels that are engaged in
                                                  more in any one year. Though this rule                  read as follows:                                      the following operations: enforcing
                                                  will not result in such an expenditure,                                                                       laws; servicing aids to navigation, and
                                                  we do discuss the effects of this rule                  § 165.T05–1031 Safety Zone, Great Egg                 emergency response vessels.
                                                  elsewhere in this preamble.                             Harbor Bay; Somers Point, NJ
                                                                                                                                                                   (d) Enforcement officials. The U.S.
                                                                                                            (a) Location. The following area is a               Coast Guard may be assisted by Federal,
                                                  F. Environment                                          safety zone: all the waters of Great Egg
                                                                                                                                                                State, and local agencies in the patrol
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                                                    We have analyzed this rule under                      Harbor Bay, 200 yards around the main
                                                  Department of Homeland Security                                                                               and enforcement of the zone.
                                                                                                          channel portion of the bridge, in
                                                  Management Directive 023–01 and                         approximate position 39°17′32″ N.,                       (e) Enforcement period. This rule will
                                                  Commandant Instruction M16475.lD,                       074°37′32″ W. These coordinates are                   continue to be enforced from 7 a.m. to
                                                  which guide the Coast Guard in                          based upon North American Datum 83                    6 p.m. each day except Sundays, from
                                                  complying with the National                             (NAD 83).                                             October 5, 2015, to December 31, 2015,
                                                  Environmental Policy Act of 1969 (42                      (b) Definitions. (1) The Captain of the             unless cancelled earlier by the Captain
                                                  U.S.C. 4321–4370f), and have                            Port means the Commander of Sector                    of the Port.


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                                                                   Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations                                     77573

                                                    Dated: December 9, 2015.                              I. Table of Abbreviations                             vessels, and the marine environment in
                                                  Benjamin A. Cooper,                                     CFR Code of Federal Regulations
                                                                                                                                                                the navigable waters within the
                                                  Captain, U.S. Coast Guard, Captain of the               DHS Department of Homeland Security                   operational area.
                                                  Port Delaware Bay.                                      E.O. Executive order                                  IV. Discussion of the Rule
                                                  [FR Doc. 2015–31489 Filed 12–14–15; 8:45 am]            FR Federal Register
                                                  BILLING CODE 9110–04–P                                  NPRM Notice of proposed rulemaking                       This rule establishes a safety zone
                                                                                                          Pub. L. Public Law                                    from December 15, 2004 until March 15,
                                                                                                          § Section                                             2016. The safety zone will cover all
                                                  DEPARTMENT OF HOMELAND                                  U.S.C. United States Code                             navigable waters in the Delaware River
                                                  SECURITY                                                II. Background Information and                        within 500 yards of vessels and
                                                                                                          Regulatory History                                    machinery being used by personnel to
                                                  Coast Guard                                                                                                   conduct rock blasting, dredging, and
                                                                                                             The Coast Guard is issuing this                    rock removal. The duration of the zone
                                                  33 CFR Part 165                                         temporary rule without prior notice and               is intended to protect personnel,
                                                                                                          opportunity to comment pursuant to                    vessels, and the marine environment in
                                                  [Docket Number USCG–2015–0998]                          authority under section 4(a) of the                   these navigable waters while operations
                                                                                                          Administrative Procedure Act (APA) (5                 are being conducted. Entry into,
                                                  RIN1625–AA00                                            U.S.C. 553(b)). This provision                        transiting, or anchoring within the
                                                  Safety Zone, Delaware River; Marcus                     authorizes an agency to issue a rule                  safety zone is prohibited unless
                                                  Hook, PA                                                without prior notice and opportunity to               authorized by the Captain of the Port,
                                                                                                          comment when the agency, for good                     Delaware Bay, or his designated
                                                  AGENCY:    Coast Guard, DHS.                            cause, finds that those procedures are                representative. For the duration of the
                                                  ACTION:   Temporary final rule.                         ‘‘impracticable, unnecessary, or contrary             project, in the vicinity of the rock
                                                                                                          to the public interest.’’ Under 5 U.S.C.              blasting, rock removal, and dredging
                                                  SUMMARY:   The Coast Guard is                           553(b)(B), the Coast Guard finds that                 operation, one side of the main
                                                  establishing a temporary safety zone on                 good cause exists for not publishing a                navigational channel will be closed.
                                                  the waters of the Delaware River in the                 notice of proposed rulemaking (NPRM)                  Vessels wishing to transit the safety
                                                  vicinity of Marcus Hook, Pennsylvania.                  with respect to this rule because doing               zone in the main navigational channel
                                                  The safety zone will temporarily restrict               so would be impractical due to                        may do so if they can make satisfactory
                                                  vessel traffic from transiting or                       environmental restrictions which                      passing arrangements with drill boat
                                                  anchoring in a portion of the Delaware                  require all blasting operations to be                 APACHE or the dredge TEXAS in
                                                  River while rock blasting, dredging, and                conducted between December 15, 2015                   accordance with the Navigational Rules
                                                  rock removal operations are being                       to March 15, 2016. Furthermore, the                   in 33 CFR Subchapter E via VHF–FM
                                                  conducted to facilitate the Delaware                    final details of the rock blasting,                   Channel 13 at least 30 minutes prior to
                                                  River Main Channel Deepening project                    dredging, and rock removal operation                  arrival. If vessels are unable to make
                                                  for the main navigational channel of the                were not received until October 28,                   satisfactory passing arrangements with
                                                  Delaware River. The safety zone is                      2015. Due to the criticality of this phase            the drill boat APACHE or the dredge
                                                  needed to protect personnel, vessels,                   of the Delaware River Main Channel                    TEXAS, they may request permission
                                                  and the marine environment from                         Deepening project, immediate action is                from the Captain of the Port, or his
                                                  potential hazards created by rock                       needed to accommodate operations                      designated representative, on VHF–FM
                                                  blasting, dredging, and rock removal                    while also ensuring vessels can safely                channel 16. All vessels must operate at
                                                  operations. Entry of vessels or persons                 transit through Marcus Hook Range in                  the minimum safe speed necessary to
                                                  into this zone is prohibited unless                     Delaware River during this time. Going                maintain steerage and reduce wake.
                                                  specifically authorized by the Captain of               forward without establishing a safety                    No vessels may transit through the
                                                  the Port, Delaware Bay, or his                          zone would expose mariners and the                    safety zone during times of explosives
                                                  designated representatives.                             public to unnecessary dangers                         detonation. During rock blasting
                                                  DATES: This rule is effective without                   associated with rock blasting, dredging,              detonation vessels will be required to
                                                  actual notice from December 15, 2015                    and rock removal operations.                          maintain a 500 yard distance from the
                                                  through March 15, 2016. For the                            For similar reasons, under 5 U.S.C.                drill boat APACHE. The drill boat
                                                  purposes of enforcement, actual notice                  553(d)(3), the Coast Guard finds that                 APACHE will make broadcasts, via
                                                  will be used from December 4, 2015                      good cause exists for making this                     VHF–FM Channel 13 and 16, at 15
                                                  through December 15, 2015.                              temporary rule effective less than 30                 minutes, 5 minutes, and 1 minute prior
                                                                                                          days after publication in the Federal                 to detonation, as well as a countdown
                                                  ADDRESSES: To view documents
                                                                                                          Register.                                             to detonation on VHF–FM Channel 16.
                                                  mentioned in this preamble as being                                                                           Sector Delaware Bay will ensure
                                                  available in the docket, go to http://                  III. Legal Authority and Need for Rule                significant notice will be given to the
                                                  www.regulations.gov, type USCG–2015–                       The Coast Guard is issuing this rule               maritime community of dates and times
                                                  0998 in the ‘‘SEARCH’’ box and click                    under authority in 33 U.S.C. 1231; 33                 of blasting via broadcast notice to
                                                  ‘‘SEARCH.’’ Click on Open Docket                        CFR 1.05–1 and 160.5; and Department                  mariners on VHF–FM Channel 16. After
                                                  Folder on the line associated with this                 of Homeland Security Delegation No.                   every explosive detonation a survey will
                                                  rule.                                                   0170.1. The Captain of the Port,                      be conducted to ensure the navigational
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                                                  FOR FURTHER INFORMATION CONTACT: If                     Delaware Bay, has determined that                     channel is clear for vessels to transit.
                                                  you have questions on this rule, call or                potential hazards associated with rock                The drill boat APACHE will broadcast,
                                                  email Lieutenant Brennan Dougherty,                     blasting, dredging, and rock removal                  via VHF–FM channel 13 and 16, when
                                                  Sector Delaware Bay, Chief Waterways                    operations starting December 04, 2015                 the survey has been completed and the
                                                  Management Division, U.S. Coast                         will be a safety concern for anyone                   channel is clear to transit. Vessels
                                                  Guard; telephone (215) 271–4850, email                  within 500 yards of rock blasting,                    requesting to transit through the safety
                                                  Brennan.P.Dougherty@uscg.mil.                           dredging, and rock removal operations.                zone shall proceed as directed by the
                                                  SUPPLEMENTARY INFORMATION:                              This rule is needed to protect personnel,             designated representative of the Captain


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Document Created: 2018-03-02 09:15:16
Document Modified: 2018-03-02 09:15:16
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 December 15, 2015 through December 31, 2015. For purposes of enforcement, actual notice will be used from October 5, 2015 through December 15, 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 77570 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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