[Federal Register: July 23, 2004 (Volume 69, Number 141)]
[Rules and Regulations]
[Page 43911-43913]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy04-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-04-087]
RIN 1625-AA00
Safety Zone; Bridge Demolition, Raritan River, Perth Amboy, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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[[Page 43912]]
SUMMARY: The Coast Guard is establishing a temporary safety zone for a
bridge demolition on the Raritan River. The safety zone is necessary to
protect the life and property of the maritime public from the hazards
posed by this bridge demolition. Entry into or movement within the
safety zone during the enforcement period is prohibited unless
authorized by the Captain of the Port (COTP), New York.
DATES: This rule is effective from 5 a.m. on, July 7, 2004, to 8 p.m.
on September 30, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD01-04-087 and are available for
inspection or copying at Waterways Oversight Branch, Coast Guard
Activities New York, 212 Coast Guard Drive, room 203, Staten Island, NY
10305 between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander W. Morton,
Waterways Oversight Branch, Coast Guard Activities New York (718) 354-
4191.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good
cause exists for not publishing an NPRM. Due to the late notification
of the dates of this bridge demolition using explosives, publishing an
NPRM would be impracticable. Publishing an NPRM would be contrary to
the public interest because immediate action is needed to protect
mariners from the hazards associated with this bridge demolition.
Publishing an NPRM would also be unnecessary since the Raritan River
safety zone will have minimal impact on the waterway for the following
reasons: the New Jersey Department of Transportation (NJDOT) has been
in contact with facilities upstream from the bridge during the
construction of the adjacent, new, Route 35 bridge, who are well aware
of the construction project and the expected delays associated with
demolition of the old Route 35 bridge, the zone is only expected to be
enforced for 1 hour during the seven planned blasts. Additionally,
vessels will not be precluded from mooring at or getting underway from
recreational piers in the vicinity of the zone.
For the same reasons, the Coast Guard further finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register pursuant to 5 U.S.C. 553(d)(3).
Background and Purpose
This rule is necessary to protect the life and property of the
maritime public from the hazards posed from the Route 35 bridge
demolition using explosives. The safety zone will be enforced for 1
hour during seven planned blasts. However, vessels may be given
permission to transit the zone once the blasting has been completed for
the day. Additionally, vessels will not be precluded from mooring at or
getting underway from recreational piers in the immediate area outside
the zone.
Discussion of Rule
This rule establishes a temporary safety zone in all waters of the
Raritan River within 500 yards of the old Route 35 Bridge. The safety
zone will be enforced for 1 hour during seven separate blasts planned
between July 7, and September 30, 2004. However, vessels may be given
permission to transit the zone once the blasting has been completed for
the day. The safety zone will prevent vessels from transiting this
portion of the Raritan River and is needed to protect the maritime
public from the hazards associated with this bridge demolition using
explosives. Vessels will not be precluded from mooring at or getting
underway from recreational piers in the vicinity of the zone. Public
notifications will be made prior to the event via the Local Notice to
Mariners and Marine Information Broadcasts.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This finding is based on: the minimal time that vessels will be
restricted from the zone; the NJDOT has been in contact with facilities
upstream from the bridge during the construction of the adjacent, new
Route 35 Bridge, who are aware of the construction project and the
expected delays associated with demolition of the old Route 35 Bridge,
the zone is only expected to be enforced for 1 hour during seven
planned blasts. Additionally, vessels will not be precluded from
mooring at or getting underway from recreational piers in the vicinity
of the zone. Advance notifications will be made to the local maritime
community by the Local Notice to Mariners and marine information
broadcasts.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
This rule will affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of the affected waterway during the time
this zone is enforced.
This safety zone will not have a significant economic impact on a
substantial number of small entities for reasons enumerated under the
``Regulatory Evaluation'' section.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this temporary rule so that we can better
evaluate its effects on them and participate in the rulemaking. If the
rule will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Commander W. Morton,
Waterways Oversight Branch, Coast Guard Activities New York at (718)
354-4191.
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 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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 43913]]
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. This rule fits paragraph 34(g) as it
establishes an emergency safety zone. A ``Categorical Exclusion
Determination'' will be available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. From 5 a.m. on July 7, 2004, until 8 p.m. on September 30, 2004, add
temporary Sec. 165.T01-087 to read as follows:
Sec. 165.T01-087 Safety Zone; Bridge Demolition, Raritan River, Perth
Amboy, NJ.
(a) Regulated area. The following area is a safety zone: All waters
of the Raritan River within 500 yards of the old Route 35 Bridge (river
mile 1.6).
(b) Effective period. This section is effective from 5 a.m. on July
7, until 8 p.m. on September 30, 2004.
(c) Enforcement periods. This section will be enforced while
explosives are being detonated during the demolition of the bridge. The
Captain of the Port will notify the maritime community of enforcement
periods via Local Notice to Mariners and Marine Information Broadcasts.
(d) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing light, or other means, the operator of
a vessel shall proceed as directed.
Dated: July 7, 2004.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 04-16842 Filed 7-22-04; 8:45 am]
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