[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Rules and Regulations]
[Pages 52463-52465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21309]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0743]
RIN 1625-AA00
Safety Zone; Raccoon Creek, Bridgeport, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone in specified
waters of Raccoon Creek, Bridgeport, NJ. This action is necessary to
provide for the safety of life and property on navigable waters while
contractors replace steel I-beams. This safety zone is intended to
restrict vessel access in order to protect mariners in a portion of
Raccoon Creek.
DATES: This rule is effective in the CFR on August 26, 2010 through 10
p.m. on August 28, 2010. This rule is effective with actual notice for
purposes of enforcement on August 14, 2010. This rule will remain in
effect through August 28, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0743 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0743 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LT Corrina Ott, Chief, Waterways
Management Division, Coast Guard; telephone 215-271-4902, e-mail
[email protected]. If you have questions on viewing the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final 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 publishing an NPRM is impracticable
and contrary to the public interest. Delaying the effective date by
first publishing an NPRM and holding a comment period would be contrary
to the rule's objectives of ensuring safety of life on the navigable
waters while these repairs are taking place, as immediate action is
needed to protect persons and vessels from the hazards associated with
the bridge repair operations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay in the effective date of
this regulation would be contrary to the public interest as immediate
action is necessary to protect persons and vessels from the hazards
associated with the bridge repair operations.
Basis and Purpose
This temporary safety zone is necessary to ensure the safety of
persons, vessels, and the New Jersey Department of Transportation
(NJDOT) workers while the NJDOT conducts significant bridge repairs.
The NJDOT plans on replacing steel I-beams used to support the Route
130 Bridge spanning the Raccoon Creek in Bridgeport, NJ. A barge will
be used to transport and support construction materials which will be
stationed in the Raccoon Creek channel during the pendency of the
safety zone.
Discussion of Rule
This temporary safety zone is for all navigable waters within 400
yards on either side of the Route 130 Bridge, located approximately at
39 48'04'' N, 075 21'20'' W. This rule is effective from 6 a.m. to 10
p.m. every Saturday from August 14, 2010 through August 28, 2010. This
rule is necessary because the NJDOT has identified the need to station
a barge below the Route 130 Bridge to replace three 17-foot steel I-
beams and to prevent injury or damage to property from falling debris
associated with the repair. This temporary rule will provide for the
safety of mariners navigating the Raccoon Creek. This rule is required
due to the inherent dangers associated with these types of
construction.
During the enforcement period of the safety zone, all persons and
vessels will be prohibited from entering, transiting, mooring, or
remaining within the zone unless specifically authorized by the Captain
of the Port Delaware Bay, or her designated representative.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. Due to the location of the proposed
safety zone being in an area not subject to regular flow of vessel
traffic, the regulatory impact is expected to be minimal.
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 safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be enforced for three days over the course of three weeks
from 6 a.m. to 10 p.m. every Saturday from August 14, 2010 through
August 28, 2010. The local marina being affected has been notified
regarding this temporary safety zone. The marina has made arrangements
to inform affected boaters of the need to make alternate arrangements
during the effective period. Before the effective period, the Coast
Guard will issue
[[Page 52464]]
maritime advisories widely available to users of the creek allowing
mariners to adjust their plans, accordingly. Although the safety zone
will apply to the entire width of the waterway, traffic will be allowed
to pass through the safety zone with the permission of the Captain of
the Port Delaware Bay or her designated representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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.
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)
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 (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.
Taking of Private Property
This rule will not cause 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 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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction and neither an environmental assessment nor an
environmental impact statement is required. This rule involves a
limited-in-duration safety zone intended to protect life and property
on the navigable waterways of Raccoon Creek. An environmental analysis
checklist and a categorical exclusion determination will be made
available in the docket 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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0171.1.
0
2. Add Sec. 165.T05-0743 to read as follows:
Sec. 165.T05-0743 Safety Zone; Raccoon Creek, Bridgeport, NJ
(a) Location. The safety zone will restrict vessel traffic on all
navigable waters within 400 yards on either side of the Route 130
Bridge, Raccoon Creek,
[[Page 52465]]
Bridgeport, NJ located at 39 48'04'' N, 075 21'20'' W.
(b) Definitions. (1) ``Designative Representative'' means the
Commander of Sector Delaware Bay or any Coast Guard commissioned,
warrant, or petty officer who has been designated by the Captain of the
Port to act on her behalf. (2) ``Official patrol'' means any vessel
assigned or approved by the Captain of the Port Delaware Bay with a
commissioned, warrant, or petty officer on board that is displaying a
Coast Guard Ensign as well as any assisting local law enforcement
vessels.
(c) Regulations. (1) Under the general regulations in Sec. 165.23,
entry into, transiting, mooring, anchoring, or remaining within this
safety zone is prohibited unless authorized by the Captain of the Port
Delaware Bay or her representative.
(2) Except for persons or vessels authorized by the Captain of the
Port Delaware Bay or her designated representative, no person or vessel
may enter or remain in the regulated area.
(3) The operator of any vessel in the regulated area shall: (i)
Stop the vessel immediately when directed to do so by any Official
Patrol,
(ii) Proceed as directed by any Official Patrol.
(4) The Captain of the Port Delaware Bay can be reached through
telephone 215-271-4807.
(5) The Official Patrol enforcing the safety zone can be contacted
on VHF-FM marine band radio channel 13 (165.65 Mhz) and channel 16
(156.8 Mhz).
(d) Effective Period. This rule is effective in the CFR on August
26, 2010. This rule is effective with actual notice for purposes of
enforcement on August 14, 2010. This rule will remain in effect through
10 p.m. on August 28, 2010.
(e) Enforcement Period. This rule will be enforced from 6 a.m. to
10 p.m. every Saturday from August 14, 2010 through August 28, 2010.
Dated: August 5, 2010.
R.T. Gatlin,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2010-21309 Filed 8-25-10; 8:45 am]
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