Safety Zone, Great Egg Harbor Bay; Somers Point, NJ, 77570-77573 [2015-31489]
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77570
Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations
impracticable and contrary to the public
interest. This finding is based on the
need to determine and issue new
interest assumptions promptly so that
the assumptions can reflect current
market conditions as accurately as
possible.
Because of the need to provide
immediate guidance for the payment of
benefits under plans with valuation
dates during January 2016, PBGC finds
that good cause exists for making the
assumptions set forth in this
amendment effective less than 30 days
after publication.
PBGC has determined that this action
is not a ‘‘significant regulatory action’’
under the criteria set forth in Executive
Order 12866.
Because no general notice of proposed
rulemaking is required for this
amendment, the Regulatory Flexibility
Act of 1980 does not apply. See 5 U.S.C.
601(2).
For plans with a valuation
date
*
267 ....................................
Before
*
2–1–16
1.25
1–1–16
3. In appendix C to part 4022, Rate Set
267, as set forth below, is added to the
table.
■
*
267 ....................................
1–1–16
BILLING CODE 7709–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–1031]
asabaliauskas on DSK5VPTVN1PROD with RULES
RIN 1625–AA00
Safety Zone, Great Egg Harbor Bay;
Somers Point, NJ
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is extending
the dates for a temporary safety zone on
the waters of Great Egg Harbor Bay in
SUMMARY:
16:23 Dec 14, 2015
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4.00
4.00
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7
8
n1
n2
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Deferred annuities
(percent)
i1
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1.25
i2
4.00
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.
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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.
PO 00000
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DATES:
AGENCY:
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4.00
Immediate
annuity rate
(percent)
2–1–16
[FR Doc. 2015–31568 Filed 12–14–15; 8:45 am]
VerDate Sep<11>2014
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Issued in Washington, DC, on this 9th day
of December, 2015.
Judith Starr,
General Counsel, Pension Benefit Guaranty
Corporation.
ACTION:
*
Before
*
Appendix B to Part 4022—Lump Sum
Interest Rates For PBGC Payments
i1
*
For plans with a valuation
date
On or after
2. In appendix B to part 4022, Rate Set
267, as set forth below, is added to the
table.
Appendix C to Part 4022—Lump Sum
Interest Rates for Private-Sector
Payments
*
Rate set
Authority: 29 U.S.C. 1302, 1322, 1322b,
1341(c)(3)(D), and 1344.
Deferred annuities
(percent)
Immediate
annuity rate
(percent)
*
1. The authority citation for part 4022
continues to read as follows:
■
■
List of Subjects in 29 CFR Part 4022
Employee benefit plans, Pension
insurance, Pensions, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 29
CFR part 4022 is amended as follows:
On or after
Rate set
PART 4022—BENEFITS PAYABLE IN
TERMINATED SINGLE-EMPLOYER
PLANS
4.00
*
7
8
To view documents
mentioned in this preamble as being
available in the docket, go to https://
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.
ADDRESSES:
If
you have questions on this rule, call or
email Lieutenant Brennan Dougherty,
U.S. Coast Guard, Sector Delaware Bay,
Chief Waterways Management Division,
Coast Guard; telephone (215) 271–4851,
email Brennan.P.Dougherty@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
COTP Captain of the Port
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Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations
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
asabaliauskas on DSK5VPTVN1PROD with RULES
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
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machinery, at approximate position,
39°17′32″ N., 074°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,
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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
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Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations
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.
asabaliauskas on DSK5VPTVN1PROD with RULES
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
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16:23 Dec 14, 2015
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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
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.
2. Add temporary § 165.T05–1031 to
read as follows:
■
§ 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°17′32″ N.,
074°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
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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.
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Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations
Dated: December 9, 2015.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
[FR Doc. 2015–31489 Filed 12–14–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0998]
RIN1625–AA00
Safety Zone, Delaware River; Marcus
Hook, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Delaware River in the
vicinity of Marcus Hook, Pennsylvania.
The safety zone will temporarily restrict
vessel traffic from transiting or
anchoring in a portion of the Delaware
River while rock blasting, dredging, and
rock removal operations are being
conducted to facilitate the Delaware
River Main Channel Deepening project
for the main navigational channel of the
Delaware River. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by rock
blasting, dredging, and rock removal
operations. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port, Delaware Bay, or his
designated representatives.
DATES: This rule is effective without
actual notice from December 15, 2015
through March 15, 2016. For the
purposes of enforcement, actual notice
will be used from December 4, 2015
through December 15, 2015.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
0998 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,
Sector Delaware Bay, Chief Waterways
Management Division, U.S. Coast
Guard; telephone (215) 271–4850, email
Brennan.P.Dougherty@uscg.mil.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:23 Dec 14, 2015
Jkt 238001
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 doing
so would be impractical due to
environmental restrictions which
require all blasting operations to be
conducted between December 15, 2015
to March 15, 2016. Furthermore, the
final details of the rock blasting,
dredging, and rock removal operation
were not received until October 28,
2015. Due to the criticality of this phase
of the Delaware River Main Channel
Deepening project, immediate action is
needed to accommodate operations
while also ensuring vessels can safely
transit through Marcus Hook Range in
Delaware River during this time. Going
forward without establishing a safety
zone would expose mariners and the
public to unnecessary dangers
associated with rock blasting, dredging,
and rock removal operations.
For similar reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this
temporary rule effective less than 30
days after publication in the Federal
Register.
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 rock
blasting, dredging, and rock removal
operations starting December 04, 2015
will be a safety concern for anyone
within 500 yards of rock blasting,
dredging, and rock removal operations.
This rule is needed to protect personnel,
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77573
vessels, and the marine environment in
the navigable waters within the
operational area.
IV. Discussion of the Rule
This rule establishes a safety zone
from December 15, 2004 until March 15,
2016. The safety zone will cover all
navigable waters in the Delaware River
within 500 yards of vessels and
machinery being used by personnel to
conduct rock blasting, dredging, and
rock removal. The duration of the zone
is intended to protect personnel,
vessels, and the marine environment in
these navigable waters while operations
are being conducted. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port,
Delaware Bay, or his designated
representative. For the duration of the
project, in the vicinity of the rock
blasting, rock removal, and dredging
operation, one side of the main
navigational channel will be closed.
Vessels wishing to transit the safety
zone in the main navigational channel
may do so if they can make satisfactory
passing arrangements with drill boat
APACHE or the dredge TEXAS in
accordance with the Navigational Rules
in 33 CFR Subchapter E via VHF–FM
Channel 13 at least 30 minutes prior to
arrival. If vessels are unable to make
satisfactory passing arrangements with
the drill boat APACHE or the dredge
TEXAS, they may request permission
from the Captain of the Port, or his
designated representative, on VHF–FM
channel 16. All vessels must operate at
the minimum safe speed necessary to
maintain steerage and reduce wake.
No vessels may transit through the
safety zone during times of explosives
detonation. During rock blasting
detonation vessels will be required to
maintain a 500 yard distance from the
drill boat APACHE. The drill boat
APACHE will make broadcasts, via
VHF–FM Channel 13 and 16, at 15
minutes, 5 minutes, and 1 minute prior
to detonation, as well as a countdown
to detonation on VHF–FM Channel 16.
Sector Delaware Bay will ensure
significant notice will be given to the
maritime community of dates and times
of blasting via broadcast notice to
mariners on VHF–FM Channel 16. After
every explosive detonation a survey will
be conducted to ensure the navigational
channel is clear for vessels to transit.
The drill boat APACHE will broadcast,
via VHF–FM channel 13 and 16, when
the survey has been completed and the
channel is clear to transit. Vessels
requesting to transit through the safety
zone shall proceed as directed by the
designated representative of the Captain
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]]>Agencies
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Rules and Regulations]
[Pages 77570-77573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://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 Brennan.P.Dougherty@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
[[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
