81 FR 67906 - Safety Zone; Dredging, Shark River, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 191 (October 3, 2016)

Page Range		67906-67909
FR Document		2016-23711
The Coast Guard is extending the effective period for the temporary safety zone on a portion of Shark River, in Neptune City, NJ. That temporary regulation was set to expire September 30, 2016. Extending the effective period for this safety zone provides continued and uninterrupted protection for the dredge operations and for the safety of life on navigable waters during dredging operations.
Federal Register, Volume 81 Issue 191 (Monday, October 3, 2016)
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Rules and Regulations]
[Pages 67906-67909]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23711]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety Zone; Dredging, Shark River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; change of effective period.

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

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

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to, type USCG-2016-0824 in the ``SEARCH'' 
box and click ``SEARCH.'' Click on Open Docket Folder on the line 
associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Marine Science Technician First Class Tom Simkins, U.S. 
Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast 
Guard; telephone (215) 271-4889, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

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

[[Page 67907]]

    The purpose of this rule is to promote maritime safety and protect 
vessels from the hazards of dredge piping and dredge operations. The 
rule will temporarily restrict vessel traffic from transiting a portion 
of the Shark River while dredging operations are being conducted in the 
main navigational channel.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the final details for this event, 
specifying the need for the dredging operation to continue from October 
1, 2016 through October 31, 2016, were not received by the Coast Guard 
until September 15, 2016. It is impracticable to publish an NPRM 
because we must establish this safety zone October 1, 2016. Failing to 
extend the effective dates for this rule pending completion of notice 
and comment rulemaking is impracticable and contrary to the public 
interest because it would cause a gap in the ability to enforce the 
needed safety zone. The dredge and dredge piping are positioned in the 
main navigational channel in order for the dredging company to complete 
the proper dredging of the main navigational channel. Allowing this 
event to continue without a safety zone in place would expose mariners 
and the public to unnecessary dangers associated with dredge piping and 
dredge operations. Therefore, it is imperative that the safety zone 
restricting traffic in this portion of the Shark River, in Neptune 
City, NJ remain in place.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register for the reasons stated 
above. The Coast Guard expects that there will be an impact to vessel 
traffic during times when the navigational channel is restricted. 
However, there will be times throughout the project where vessel 
traffic is not restricted and traffic will be able to freely flow 
through the main navigational channel. Furthermore, notification of the 
waterway restrictions will be made by the contractor, Mobile Dredging 
and Pumping Co. Additionally the New Jersey Department of 
Transportation, Office of Marine Resources, will be conducting outreach 
to the local community. Notification of the safety zone and waterway 
restrictions will be made by the COTP via marine safety broadcast using 
VHF-FM channel 16 and through the Local Notice to Mariners.

III. Legal Authority and Need for Rule

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

IV. Discussion of the Rule

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

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This finding is based on the limited size of the zone and duration 
of the safety zone. Although the main navigational channel of this 
portion of the Shark River will be closed for periods of time 
throughout the dredging operation, there are designated times where the 
channel will be open for vessel traffic and traffic will be able to 
flow freely. Vessels will only be affected 84-hours weekly, from 9 a.m. 
to 9 p.m. Monday through Thursday, during October 2016. The safety zone 
and channel closure will be well publicized to allow mariners to make 
alternative plans for transiting the affected area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their

[[Page 67908]]

fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    It is expected that there will be some disruption to the maritime 
community. Before the effective period, the Coast Guard, Mobile 
Dredging and Pumping Co., and New Jersey Department of Transportation's 
Office of Marine Resources will issue maritime advisories, widely 
available to users of the Shark River, describing times and dates of 
waterway closures and openings.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone encompassing all the waters from latitude 
40[deg]10'53.2579'' N., longitude 074[deg]01'52.6231'' W., bounded by 
the eastern side of the channel and the western side of the channel, 
north, to latitude 40[deg]11'21.0139'' N., longitude 
074[deg]01'53.1749'' W., in the Shark River, in Neptune City, NJ. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as set forth below and extends the effective period for 
Sec.  165.T05-0824 from September 30, 2016, through October 31, 2016.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Effective September 30, 2016, revise Sec.  165.T05-0824 to read as 
follows:


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

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

[[Page 67909]]

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

    Dated: September 27, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2016-23711 Filed 9-30-16; 8:45 am]
 BILLING CODE 9110-04-P
Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations 67907

The purpose of this rule is to promote Dredging and Pumping Co. Additionally times is prohibited. These coordinates
maritime safety and protect vessels from the New Jersey Department of are based on the World Geodetic System
the hazards of dredge piping and dredge Transportation, Office of Marine 1984 (WGS 84) horizontal datum
operations. The rule will temporarily Resources, will be conducting outreach reference.
restrict vessel traffic from transiting a to the local community. Notification of The channel will be open from
portion of the Shark River while the safety zone and waterway October 1, 2016, through October 31,
dredging operations are being restrictions will be made by the COTP 2016, each week from 9 p.m. to 9 a.m.,
conducted in the main navigational via marine safety broadcast using VHF– Monday through Thursday. Vessels may
channel. FM channel 16 and through the Local transit freely during these times, and
The Coast Guard is issuing this Notice to Mariners. vessels are requested to contact the
temporary rule without prior notice and dredge via VHF–FM channel 13 or 16 to
opportunity to comment pursuant to III. Legal Authority and Need for Rule
make satisfactory passing arrangement
authority under section 4(a) of the The Coast Guard is issuing this rule and maintain a safe speed when
Administrative Procedure Act (APA) (5 under authority in 33 U.S.C. 1231. The transiting the main navigational
U.S.C. 553(b)). This provision Captain of the Port, Delaware Bay has channel.
authorizes an agency to issue a rule determined that potential hazards are
without prior notice and opportunity to associated with dredge piping and V. Regulatory Analyses
comment when the agency for good dredge operations from October 1, 2016, We developed this rule after
cause finds that those procedures are through October 31, 2016. The rule is considering numerous statutes and
‘‘impracticable, unnecessary, or contrary necessary to promote maritime safety Executive order related to rulemaking.
to the public interest.’’ Under 5 U.S.C. and protect vessels from the hazards of Below we summarize our analyses
553(b)(B), the Coast Guard finds that dredge piping and dredge operations. based on a number of these statutes and
good cause exists for not publishing a The rule will have an impact to Executive orders, and we discuss First
notice of proposed rulemaking (NPRM) vessels transiting through the Shark Amendment rights of protestors.
with respect to this rule because the River main navigational channel, from
latitude 40°10′53.2579″ N., longitude A. Regulatory Planning and Review
final details for this event, specifying
the need for the dredging operation to 074°01′52.6231″ W., bounded by the Executive Orders 12866 and 13563
continue from October 1, 2016 through eastern side of the channel and the direct agencies to assess the costs and
October 31, 2016, were not received by western side of the channel, north, to benefits of available regulatory
the Coast Guard until September 15, latitude 40°11′21.0139″ N., longitude alternatives and, if regulation is
2016. It is impracticable to publish an 074°01′53.1749″ W. as vessels will be necessary, to select regulatory
NPRM because we must establish this unable to transit the main navigational approaches that maximize net benefits.
safety zone October 1, 2016. Failing to channel during times when dredging Executive Order 13563 emphasizes the
extend the effective dates for this rule operations are being conducted. This importance of quantifying both costs
pending completion of notice and restriction is necessary to ensure the and benefits, of reducing costs, of
comment rulemaking is impracticable safety of life and protect vessel from harmonizing rules, and of promoting
and contrary to the public interest dredge piping and dredge operations. flexibility. This rule has not been
because it would cause a gap in the designated a ‘‘significant regulatory
IV. Discussion of the Rule
ability to enforce the needed safety action,’’ under Executive Order 12866.
zone. The dredge and dredge piping are On September 1, 2016, dredging Accordingly, it has not been reviewed
positioned in the main navigational began on a portion of the Shark River in by the Office of Management and
channel in order for the dredging Neptune City, NJ. The Captain of the Budget.
company to complete the proper Port, Delaware Bay, determined that the This finding is based on the limited
dredging of the main navigational hazards associated with dredge piping size of the zone and duration of the
channel. Allowing this event to and dredge operations in the main safety zone. Although the main
continue without a safety zone in place navigational channel created the need navigational channel of this portion of
would expose mariners and the public for a safety zone to ensure safety of the Shark River will be closed for
to unnecessary dangers associated with vessels transiting this portion and for periods of time throughout the dredging
dredge piping and dredge operations. workers engaged in dredge piping and operation, there are designated times
Therefore, it is imperative that the safety dredging operations of the Shark River. where the channel will be open for
zone restricting traffic in this portion of The safety zone closed the main vessel traffic and traffic will be able to
the Shark River, in Neptune City, NJ navigational channel on all the flow freely. Vessels will only be affected
remain in place. navigable waters on the Shark River 84-hours weekly, from 9 a.m. to 9 p.m.
We are issuing this rule, and under 5 from latitude 40°10′53.2579″ N., Monday through Thursday, during
U.S.C. 553(d)(3), the Coast Guard finds longitude 074°01′52.6231″ W., bounded October 2016. The safety zone and
that good cause exists for making it by the eastern side of the channel and channel closure will be well publicized
effective less than 30 days after the western side of the channel, north, to allow mariners to make alternative
publication in the Federal Register for to latitude 40°11′21.0139″ N., longitude plans for transiting the affected area.
the reasons stated above. The Coast 074°01′53.1749″ W.; during times of
Guard expects that there will be an dredging. Dredging for the main B. Impact on Small Entities
impact to vessel traffic during times navigational channel was scheduled The Regulatory Flexibility Act of
when the navigational channel is from September 1, 2016, through 1980, 5 U.S.C. 601–612, as amended,
September 30, 2016, from 9 a.m. to 9 requires Federal agencies to consider
rmajette on DSK2TPTVN1PROD with RULES

restricted. However, there will be times
throughout the project where vessel p.m. Monday through Thursday. The the potential impact of regulations on
traffic is not restricted and traffic will be Coast Guard is extending the effective small entities during rulemaking. The
able to freely flow through the main period for the temporary safety zone term ‘‘small entities’’ comprises small
navigational channel. Furthermore, through October 31, 2016. Entry into, businesses, not-for-profit organizations
notification of the waterway restrictions transiting, or anchoring within this that are independently owned and
will be made by the contractor, Mobile portion of Shark River during these operated and are not dominant in their

VerDate Sep<11>2014 14:33 Sep 30, 2016 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\03OCR1.SGM 03OCR1
67908 Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations

fields, and governmental jurisdictions Also, this rule does not have tribal Protesters are asked to contact the
with populations of less than 50,000. implications under Executive Order person listed in the FOR FURTHER
The Coast Guard certifies under 5 U.S.C. 13175, Consultation and Coordination INFORMATION CONTACT section to
605(b) that this rule will not have a with Indian Tribal Governments, coordinate protest activities so that your
significant economic impact on a because it does not have a substantial message can be received without
substantial number of small entities. direct effect on one or more Indian jeopardizing the safety or security of
It is expected that there will be some tribes, on the relationship between the people, places or vessels.
disruption to the maritime community. Federal Government and Indian tribes,
Before the effective period, the Coast or on the distribution of power and List of Subjects in 33 CFR Part 165
Guard, Mobile Dredging and Pumping responsibilities between the Federal Harbors, Marine safety, Navigation
Co., and New Jersey Department of Government and Indian tribes. If you (water), Reporting and recordkeeping
Transportation’s Office of Marine believe this rule has implications for requirements, Security measures,
Resources will issue maritime federalism or Indian tribes, please Waterways.
advisories, widely available to users of contact the person listed in the FOR
the Shark River, describing times and For the reasons discussed in the
FURTHER INFORMATION CONTACT section
dates of waterway closures and preamble, the Coast Guard amends 33
above.
openings. CFR part 165 as set forth below and
Under section 213(a) of the Small E. Unfunded Mandates Reform Act extends the effective period for
Business Regulatory Enforcement The Unfunded Mandates Reform Act § 165.T05–0824 from September 30,
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires 2016, through October 31, 2016.
we want to assist small entities in Federal agencies to assess the effects of
PART 165—REGULATED NAVIGATION
understanding this rule. If the rule their discretionary regulatory actions. In
AREAS AND LIMITED ACCESS AREAS
would affect your small business, particular, the Act addresses actions
organization, or governmental that may result in the expenditure by a ■ 1. The authority citation for part 165
jurisdiction and you have questions State, local, or tribal government, in the continues to read as follows:
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 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;
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
Department of Homeland Security Delegation
CONTACT section. will not result in such an expenditure, No. 0170.1.
Small businesses may send comments we do discuss the effects of this rule
on the actions of Federal employees elsewhere in this preamble. ■ 2. Effective September 30, 2016, revise
who enforce, or otherwise determine § 165.T05–0824 to read as follows:
F. Environment
compliance with, Federal regulations to § 165.T05–0824 Safety Zone, Dredging;
the Small Business and Agriculture We have analyzed this rule under
Shark River, NJ.
Regulatory Enforcement Ombudsman Department of Homeland Security
Management Directive 023–01 and (a) Regulated areas. The following
and the Regional Small Business
Commandant Instruction M16475.lD, areas are safety zone: All waters from
Regulatory Fairness Boards. The
which guide the Coast Guard in latitude 40°10′53.2579″ N., longitude
Ombudsman evaluates these actions
complying with the National 074°01′52.6231″ W., bounded by the
annually and rates each agency’s
Environmental Policy Act of 1969 (42 eastern side of the channel and the
responsiveness to small business. If you
U.S.C. 4321–4370f), and have western side of the channel, north, to
wish to comment on actions by
determined that this action is one of a latitude 40°11′21.0139″ N., longitude
employees of the Coast Guard, call 1–
category of actions that do not 074°01′53.1749″ W., in the Shark River,
888–REG–FAIR (1–888–734–3247). The
individually or cumulatively have a in Neptune City, NJ. These coordinates
Coast Guard will not retaliate against
significant effect on the human are based on the World Geodetic System
small entities that question or complain
environment. This rule involves a safety 1984 (WGS 84) horizontal datum
about this rule or any policy or action
zone encompassing all the waters from reference.
of the Coast Guard.
latitude 40°10′53.2579″ N., longitude (b) Regulations. The general safety
C. Collection of Information 074°01′52.6231″ W., bounded by the zone regulations in § 165.23 apply to the
This rule will not call for a new eastern side of the channel and the safety zone created by this temporary
collection of information under the western side of the channel, north, to section.
Paperwork Reduction Act of 1995 (44 latitude 40°11′21.0139″ N., longitude (1) All vessels and persons are
U.S.C. 3501–3520). 074°01′53.1749″ W., in the Shark River, prohibited from entering into or moving
in Neptune City, NJ. It is categorically within the safety zone described in
D. Federalism and Indian Tribal paragraph (a) of this section while it is
excluded from further review under
Governments subject to enforcement, unless
paragraph 34(g) of Figure 2–1 of the
A rule has implications for federalism Commandant Instruction. An authorized by the Captain of the Port,
under Executive Order 13132, environmental analysis checklist Delaware Bay, or by his designated
Federalism, if it has a substantial direct supporting this determination and a representative.
effect on the States, on the relationship Categorical Exclusion Determination are (2) Persons or vessels seeking to enter
between the national government and available in the docket where indicated or pass through the safety zone must
the States, or on the distribution of under ADDRESSES. We seek any contact the Captain of the Port,
power and responsibilities among the Delaware Bay, or his designated
rmajette on DSK2TPTVN1PROD with RULES

comments or information that may lead
various levels of government. We have to the discovery of a significant representative to seek permission to
analyzed this rule under that Order and environmental impact from this rule. transit the area. The Captain of the Port,
have determined that it is consistent Delaware Bay can be contacted at
with the fundamental federalism G. Protest Activities telephone number 215–271–4807 or on
principles and preemption requirements The Coast Guard respects the First Marine Band Radio VHF Channel 16
described in Executive Order 13132. Amendment rights of protesters. (156.8 MHz).

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Document Created: 2018-02-13 14:11:05
Document Modified: 2018-02-13 14:11:05
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule; change of effective period.
Dates		This rule is effective September 30, 2016. Effective September 30, 2016, the effective period for Sec. 165.T05-0824, added at 81 FR 59484, August 30, 2016, effective from September 1, 2016, through September 30, 2016, is extended through October 31, 2016.
Contact		If you have questions about this rule, call or email Marine Science Technician First Class Tom Simkins, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast Guard; telephone (215) 271-4889, email [email protected]
FR Citation		81 FR 67906
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
81 FR 67906 - Safety Zone; Dredging, Shark River, NJ

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 191 (October 3, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
