Safety Zone; Great Egg Harbor Bay, Marmora, NJ, 59865-59869 [2016-20951]
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Example 11. Above-market lease. REIT K
acquires an office building from an unrelated
third party subject to a long-term lease with
a single tenant under which the tenant pays
above-market rents. The above-market lease
is an intangible asset under GAAP. Seventy
percent of the value of the above-market lease
asset is attributable to income from the longterm lease that qualifies as rents from real
property, as defined in section 856(d)(1). The
remaining thirty percent of the value of the
above-market lease asset is attributable to
income from the long-term lease that does
not qualify as rents from real property. The
portion of the value of the above-market lease
asset that is attributable to rents from real
property (here, seventy percent) derives its
value from real property, is inseparable from
that real property, does not produce or
contribute to the production of income other
than consideration for the use or occupancy
of space, and, therefore, is an interest in real
property under section 856(c)(5)(C) and a real
estate asset under section 856(c)(5)(B). The
remaining portion of the above-market lease
asset does not derive its value from real
property and, therefore, is not a real estate
asset.
Example 12. Land use permit. REIT L
receives a special use permit from the
government to place a cell tower on Federal
Government land that abuts a federal
highway. Government regulations provide
that the permit is not a lease of the land, but
is a permit to use the land for a cell tower.
Under the permit, the government reserves
the right to cancel the permit and
compensate REIT L if the site is needed for
a higher public purpose. REIT L leases space
on the tower to various cell service providers.
Each cell service provider installs its
equipment on a designated space on REIT L’s
cell tower. The permit does not produce, or
contribute to the production of, any income
other than REIT L’s receipt of payments from
the cell service providers in consideration for
their being allowed to use space on the
tower. The permit is in the nature of a
leasehold that allows REIT L to place a cell
tower in a specific location on government
land. Therefore, the permit is an interest in
real property.
Example 13. License to operate a business.
REIT M owns a building and receives a
license from State to operate a casino in the
building. The license applies only to REIT
M’s building and cannot be transferred to
another location. REIT M’s building is an
inherently permanent structure under
paragraph (d)(2)(i) of this section and,
therefore, is real property. However, REIT
M’s license to operate a casino is not a right
for the use, enjoyment, or occupation of REIT
M’s building but is rather a license to engage
in the business of operating a casino in the
building. Therefore, the casino license is not
real property.
(h) Effective/applicability date. The
rules of this section apply for taxable
years beginning after August 31, 2016.
For purposes of applying the first
sentence of the flush language of section
856(c)(4) to a quarter in a taxable year
that begins after August 31, 2016, the
rules of this section apply in
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determining whether the taxpayer met
the requirements of section 856(c)(4) at
the close of prior quarters. Taxpayers
may rely on this section for quarters that
end before the applicability date.
Approved: August 8, 2016.
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2016–20987 Filed 8–30–16; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0665]
RIN 1625–AA00
Safety Zone; Great Egg Harbor Bay,
Marmora, NJ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing two temporary safety zones
on the waters of Great Egg Harbor Bay
in Marmora, NJ. The first safety zone
includes all waters within 250 feet of
vessel and machinery conducting
demolition operations on the remaining
portions of the Route 9, Beesley Point
Bridge bascule span. This safety zone is
necessary to provide for the safety of life
on navigable waters during the
demolition and will re-route vessel
traffic through an alternate channel to
facilitate heavy marine equipment
operating in the main navigational
channel to remove the bascule span of
the bridge and will be in place
throughout the entire duration of the
demolition work.
The second safety zone includes all
waters within 500 yards of a blasting
vessel and equipment being used to
conduct bridge pile blasting operations,
which is the final phase of the
demolition of the Route 9, Beesley Point
Bridge bascule span. This safety zone
will only be enforced during times of
explosive detonation. The safety zone
will temporarily restrict vessel traffic
from transiting or anchoring in a portion
of the Great Egg Harbor Bay while pile
blasting and removal operations are
being conducted to facilitate the
removal of bridge piles from the
demolished Route 9, Beesley Point
Bridge.
SUMMARY:
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59865
This rule is effective without
actual notice from August 31, 2016
through October 20, 2016. For the
purposes of enforcement, actual notice
will be used from August 22, 2016, until
August 31, 2016. The second safety zone
will be enforced on or about October 1,
2016, only during times of explosive
detonation.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to, type
USCG–2016–0665 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
Tom.J.Simkins@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
COTP Captain of the Port
II. Background Information and
Regulatory History
In June of 2013, demolition work
began on the Route 9, Beesley Point
Bridge between Somers Point and
Marmora, NJ. Route 52 Construction, the
company performing this demolition
work, has completed all demolition of
the bridge and piles except the portion
of the bridge which has the bascule span
opening for the navigational channel.
During this phase of demolition heavy
marine equipment, to include a large
crane and barge, will be used to remove
the large bascule span arms and what is
left of the bridge tender house and
roadway. The barge and crane must be
placed in the navigational channel to
properly secure and remove what
remains of the bridge.
All piles from the demolished bridge
south of the bascule span have been
removed. All piles north of the bascule
span have been removed with the
exception of four piles, which are
attached to the bascule span for support.
The Coast Guard has reviewed Route 52
Construction’s plan to move the main
navigational channel 100 feet south of
the most southern portion of the
remaining bridge to allow vessel traffic
to safely pass during the demolition of
the bascule span. Once the bascule span
is removed, the piles will be removed
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and the bridge will be completely
removed from the waterway.
The removal of the remaining piles,
which are secured to the sea floor bed,
will be completed by using explosives,
after which the piles and debris will be
removed. The Captain of the Port,
Delaware Bay, has determined that
potential hazards associated with pile
blasting and removal operations,
beginning on or about October 1, 2016,
will be a safety concern for anyone
operating within 500 yards of pile
blasting and removal operations during
times of explosive detonation.
The purpose of this rule is to promote
maritime safety and protect vessels from
the hazards of bridge demolition and
pile blasting operations, and to maintain
safety of navigation in the Great Egg
Harbor Bay, in the vicinity of the Route
9, Beesley Point Bridge. The rule will
provide for a clear transit route for
vessels, provide a safety buffer around
the crane and barge while demolition
operations are conducted, and provide a
safety buffer around the blasting vessel
during times of explosive detonation.
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 were not
received by the Coast Guard until
August 18, 2016, and the demolition
work will begin August 22, 2016. The
first safety zone is required by August
22, 2016, for the demolition of the
remaining portion of the bridge, and it
is impracticable to publish an NPRM
and consider comments before that date.
Allowing this event to go forward
without a safety zone in place would
expose mariners and the public to
unnecessary dangers associated with
bridge demolition operations. The crane
and barge must be placed in the main
navigational channel to facilitate the
removal of the remaining portion of the
bridge. Therefore, it is imperative that
there is a clear transit route and safety
zone around the demolition location.
Furthermore, the second safety zone
is needed for blasting operations which
will begin on or about October 1, 2016.
It is impracticable to publish an NPRM
and consider comments due to the short
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window of time until the operation
begins. Allowing this event to go
forward without a safety zone in place
would expose mariners and the public
to unnecessary dangers associated with
pile blasting operations.
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 we stated for not publishing
an NPRM. The Coast Guard expects
minimal impact to vessels transiting
through the alternate channel. Vessels
will be able to safely transit through the
alternate channel at all times, except
during times of explosive detonation.
The alternate channel will have the
same horizontal clearance and no
vertical clearance restriction, similar to
the current navigational channel.
Furthermore, notification for the first
safety zone will be made via marine
safety broadcast using VHF–FM channel
16 and through the Local Notice to
Mariners.
For the second safety zone, the pile
blasting operation, two blasting events
will occur on consecutive days to
complete both piers. Notification for the
second safety zone will be a
combination of broadcast notice to
mariners, local notice to mariners,
posted warning signs, 500 yard marine
traffic safety zone maintained by the
contractor’s safety boats during time of
explosive detonations, a 10 minute, 5
minutes, and 1 minute warning made by
the blasting vessel via VHF–FM channel
16, and warning signals at 5 minutes
with 3 short blasts of the air horn, and
1 minute warning of 2 short blasts of the
air horn. The schedule of the signals
will be posted along with all other
required company, Local, State, and
Federal signage.
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 demolition and pile
blasting operations of the Route 9,
Beesley Point Bridge, over the Great Egg
Harbor Bay, in Marmora, NJ from
August 22, 2016, through October 20,
2016. The rule will provide for a clear
transit route for vessels, provide a safety
buffer around the crane and barge while
demolition operations are conducted,
and provide a safety buffer around the
blasting vessel during times of explosive
detonation.
The rule will minimally impact
vessels transiting through the Great Egg
Harbor Bay navigational channel, in the
vicinity of the Route 9, Beesley Point
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Bridge because vessels will be able to
safely transit through an adequate
alternate channel, except during times
of explosive detonation. The alternate
channel will have the same horizontal
clearance and no vertical clearance
restriction, similar to the current
navigational channel.
IV. Discussion of the Rule
On August 22, 2016, demolition work
will begin on the remaining portion of
the Route 9, Beesley Point Bridge, over
the Great Egg Harbor Bay, in Marmora,
NJ. The Captain of the Port, Delaware
Bay, has determined that the hazards
associated with demolition and pile
blasting operations require two separate
safety zones. The first safety zone will
encompass all the navigable waters
within 250 feet of the marine equipment
and demolition operation. 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. Vessels wishing to
transit the waterway may navigate
approximately 100 feet south of the
main navigational channel to the
alternate navigational channel to safely
pass the demolition equipment. An
adequate alternate navigational channel
will be established 100 feet south of the
most southern portion of the bascule
span which will have the a horizontal
clearance of 60 feet and an unlimited
vertical clearance. The alternate
navigational channel will be clearly
marked with red and green buoys;
during the evening the buoys will be lit
with red and green lights to signify the
channel. The alternate channel will
have the same horizontal clearance and
no vertical clearance restrictions; the
State of New Jersey has marked the
channel with best water for passage of
vessels. Vessels are requested to contact
the demolition crew via VHF–FM
channel 13 or 16 to make satisfactory
passing arrangement and maintain a safe
speed when transiting the alternate
navigational channel.
The second safety zone will be
enforced starting on or about October 1,
2016, only during times of explosive
detonation, and encompasses all
navigable waters in the Great Egg Harbor
Bay within 500 yards of vessels and
machinery being used to conduct pile
blasting and removal operations. The
duration of the enforcement of the zone
is intended to protect personnel,
vessels, and the marine environment in
these navigable waters while explosive
detonation occurs. There will be two
blasting events occurring on consecutive
days to complete both piers. Actual
dates and times of explosive detonation
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will be published with a combination of
broadcast notice to mariners, local
notice to mariners, posted warning
signs, 500 yard marine traffic safety
zone maintained by the contractors
safety boats, a 10 minute, 5 minutes,
and 1 minute warning made by the
blasting vessel via VHF–FM channel 16,
and warning signals at 5 minutes with
3 short blasts of the air horn, and 1
minute warning of 2 short blasts of the
air horn. The schedule of the signals
will be posted along with warning signs.
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. No vessels may transit
through the safety zone during times of
explosives detonation. During pile
blasting explosive detonation, vessels
will be required to maintain a 500-yard
distance from vessels and equipment
used to conduct pile blasting and
removal operations. This 500 yard
radius will be secured by two contractor
safety boats in the adjacent waterways.
For safety reasons associated with the
blasting operation, during times of
explosive detonation the alternate
navigational channel will be closed. At
all other times vessels may transit
through the established alternate
navigational channel approximately 100
feet south of the southernmost
remaining pile of the Route 9, Beesley
Point Bridge.
Signs will be posted to identify the
blast area and warning signs will be
posted with the schedule of the warning
signals. The contractor will verify that
all vessels and persons are clear of
safety zone 10 minutes prior to the
scheduled shot time and will remain
secured until the blaster gives the ‘‘All
Clear’’. All persons involved with
securing the blast zone will be equipped
with marine radios. A 10 minute, 5
minutes, and 1 minute warning made by
the blasting vessel via VHF–FM channel
16, and warning signals at 5 minutes
with 3 short blasts of the air horn, and
1 minute warning of 2 short blasts of the
air horn. After every explosive
detonation the blasting vessels will give
the ‘‘All Clear’’ when the alternate
channel is clear for vessels to transit.
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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.
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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 the availability for
vessels to transit freely through the
alternate channel, around the first safety
zone. Vessels will only be affected
during times of explosive detonation,
where the second safety zone will be
enforced. The second safety zone is of
a limited size and duration as blasting
will occur only for a consecutive two
day period. In addition, the zones 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
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
minimal disruption to the maritime
community. Before the effective period,
the Coast Guard will issue maritime
advisories widely available to users of
the river to allow mariners to make
alternative plans for transiting the
affected areas. In addition, vessels may
transit around the zone through an
alternate channel, except during time of
explosive detonation.
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
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59867
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
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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations
$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 two
safety zones, the first encompassing all
the waters within 250 feet of demolition
operations on the remaining portion of
the Route 9, Beesley Point Bridge, over
Great Egg Harbor Bay, in Marmora, NJ
and the second encompassing all
navigable waters in the Great Egg Harbor
Bay within 500 yards of vessels and
machinery being used to conduct pile
blasting and removal operations during
times of explosive detonation. 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.
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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:
■
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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.T05–0665, to
read as follows:
■
§ 165.T05–0665 Safety Zone; Great Egg
Harbor Bay, Marmora, NJ.
(a) Regulated areas. The following
areas are safety zones:
(1) Bascule span demolition zone. All
waters within 250 feet of vessels and
machinery conducting demolition
operations in Great Egg Harbor Bay, in
the vicinity of Route 9, Beesley Point
Bridge bascule span, in Marmora, NJ.
(2) Bridge pile blasting zone. All
waters within 500 yards of the blasting
vessel and equipment conducting pile
blasting operations, in Great Egg Harbor
Bay, in the vicinity of Route 9, Beesley
Point Bridge, in Marmora, NJ.
(b) Regulations. The general safety
zone regulations in § 165.23 apply to the
safety zones created by this temporary
section, § 165.T05–0665.
(1) All vessels and persons are
prohibited from entering into or moving
within the safety zones described in
paragraph (a) of this section while they
are 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 zones 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).
(3) Vessels may freely transit through
the marked alternate channel,
approximately 100 feet south of the
most southern portion of the bascule
span. The alternate channel has a
horizontal clearance of 60 feet and
unlimited vertical clearance. The
alternate channel will be marked with
red and green buoys and the buoys will
be lit at night. Vessels are requested to
contact the demolition crew via VHF–
FM channel 13 or 16 to make
satisfactory passing arrangement and
maintain a safe speed when transiting
the alternate navigational channel.
(4) No vessels may transit through the
safety zone described in paragraph (a)(2)
of this section during times of
explosives detonation. During pile
blasting detonation, vessels will be
required to maintain a 500 yard distance
from the blasting vessel and equipment.
Within the 500 yards is the alternate
channel, approximately 100 feet south
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of the most southern portion of the
bascule span. Therefore no vessel may
transit the alternate channel during
times of explosive detonation. Actual
dates and times of explosive detonation
will be announced with a combination
of broadcast notice to mariners, local
notice to mariners, posted warning
signs, 500 yard marine traffic safety
zone maintained by the contractors
safety boats, 10 minute, 5 minutes, and
1 minute warning made by the blasting
vessel via VHF–FM channel 16, and
warning signals at 5 minutes with 3
short blasts of the air horn, and 1
minute warning of 2 short blasts of the
air horn. The schedule of the signals
will be posted along with all other
required signage.
(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 period. This first
safety zone will be enforced from
August 22, 2016, through October 20,
2016, unless cancelled earlier by the
Captain of the Port. The second safety
zone for pile blasting will only be
enforced during times of explosive
detonation. Pile Blasting operations are
schedule to begin on or about October
1, 2016. Actual dates and times of
explosive detonation will be published
with a combination of broadcast notice
to mariners, local notice to mariners,
posted warning signs, 500 yard marine
traffic safety zone maintained by the
contractors safety boats, 10 minute, 5
minutes, and 1 minute warning made by
the blasting vessel via VHF–FM channel
16, and warning signals at 5 minutes
with 3 short blasts of the air horn, and
1 minute warning of 2 short blasts of the
air horn. The schedule of the signals
will be posted along with warning signs.
E:\FR\FM\31AUR1.SGM
31AUR1
Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations
Dated: August 22, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2016–20951 Filed 8–30–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0294; FRL–9951–52–
Region 4]
Air Plan Approval; Alabama; CrossState Air Pollution Rule
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
the October 26, 2015, State
Implementation Plan (SIP) submittal
from Alabama concerning the CrossState Air Pollution Rule (CSAPR).
Under CSAPR, large electricity
generating units (EGUs) in Alabama are
subject to Federal Implementation Plans
(FIPs) requiring the units to participate
in CSAPR’s federal trading program for
annual emissions of nitrogen oxides
(NOX) and one of CSAPR’s two federal
trading programs for annual emissions
of sulfur dioxide (SO2). This action
approves the incorporation into
Alabama’s SIP of the state’s regulations
requiring Alabama EGUs to participate
in new CSAPR state trading programs
for annual NOX and SO2 emissions
integrated with the CSAPR federal
trading programs, replacing the
corresponding FIP requirements. These
CSAPR state trading programs are
substantively identical to the CSAPR
federal trading programs except with
regard to the provisions allocating
emission allowances among Alabama
units. EPA is approving the portions of
the SIP revision concerning these
CSAPR state trading programs because
these portions of the SIP revision meet
the requirements of the Clean Air Act
(CAA or Act) and EPA’s regulations for
approval of a CSAPR full SIP revision
replacing the requirements of a CSAPR
FIP. Under the CSAPR regulations,
approval of these portions of the SIP
revision automatically eliminates
Alabama units’ obligations to participate
in CSAPR’s federal trading programs for
annual NOX and SO2 emissions under
the corresponding CSAPR FIPs
addressing interstate transport
requirements for the 1997 and 2006 Fine
Particulate Matter (PM2.5) national
ambient air quality standards (NAAQS).
ehiers on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:15 Aug 30, 2016
Jkt 238001
Approval of these portions of the SIP
revision fully satisfies Alabama’s good
neighbor obligation under the CAA to
prohibit emissions which will
significantly contribute to
nonattainment or interfere with
maintenance of the 1997 and 2006 PM2.5
NAAQS in any other state. This
approval also addresses the judicial
remand of the federally-established
CSAPR Phase 2 SO2 budget for
Alabama. EPA is not acting at this time
on the portion of Alabama’s SIP
submittal intended to replace Alabama
units’ obligations to participate in
CSAPR’s federal trading program for
ozone-season NOX emissions under a
separate CSAPR FIP.
DATES: This rule is effective September
30, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No EPA–R04–OAR–2016–
0294. All documents in the docket are
listed on the www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Steven Scofield, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta,
Georgia 30303–8960. Mr. Scofield can
be reached by telephone at (404) 562–
9034 or via electronic mail at
scofield.steve@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background on CSAPR and CSAPRRelated SIP revisions
EPA issued CSAPR in July 2011 to
address the requirements of CAA
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
59869
section 110(a)(2)(D)(i)(I) concerning
interstate transport of air pollution.1 As
amended, CSAPR requires 28 Eastern
states to limit their statewide emissions
of SO2 and/or NOX in order to mitigate
transported air pollution unlawfully
impacting other states’ ability to attain
or maintain three NAAQS: the 1997
ozone NAAQS, the 1997 annual PM2.5
NAAQS, and the 2006 24-hour PM2.5
NAAQS. The CSAPR emissions
limitations are defined in terms of
maximum statewide ‘‘budgets’’ for
emissions of annual SO2, annual NOX,
and/or ozone-season NOX by each
covered state’s large EGUs. The CSAPR
state budgets are implemented in two
phases of generally increasing
stringency, with the Phase 1 budgets
applying to emissions in 2015 and 2016
and the Phase 2 budgets applying to
emissions in 2017 and later years. As a
mechanism for achieving compliance
with the emissions limitations, CSAPR
established four federal emissions
trading programs: A program for annual
NOX emissions, a program for ozoneseason NOX emissions, and two
geographically separate programs for
annual SO2 emissions. CSAPR also
established FIP requirements applicable
to the large electricity generating units
in each covered state. The CSAPR FIP
provisions require each state’s units to
participate in up to three of the four
CSAPR trading programs.
CSAPR includes provisions under
which states may submit and EPA will
approve SIP revisions to modify or
replace the CSAPR FIP requirements
while allowing states to continue to
meet their transport-related obligations
using either CSAPR’s federal emissions
trading programs or state emissions
trading programs integrated with the
federal programs.2 Through such a SIP
revision, a state may replace EPA’s
default provisions for allocating
emission allowances among the state’s
units, employing any state-selected
methodology to allocate or auction the
allowances, subject to timing conditions
and limits on overall allowance
quantities. In the case of CSAPR’s
federal trading program for ozoneseason NOX emissions (or an integrated
state trading program), a state may also
expand trading program applicability to
include certain smaller electricity
1 Federal Implementation Plans; Interstate
Transport of Fine Particulate Matter and Ozone and
Correction of SIP Approvals, 76 FR 48208 (August
8, 2011) (codified as amended at 40 CFR 52.38 and
52.39 and subparts AAAAA through DDDDD of 40
CFR part 97).
2 See 40 CFR 52.38, 52.39. States also retain the
ability to submit SIP revisions to meet their
transport-related obligations using mechanisms
other than the CSAPR federal trading programs or
integrated state trading programs.
E:\FR\FM\31AUR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Rules and Regulations]
[Pages 59865-59869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20951]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0665]
RIN 1625-AA00
Safety Zone; Great Egg Harbor Bay, Marmora, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two temporary safety zones on
the waters of Great Egg Harbor Bay in Marmora, NJ. The first safety
zone includes all waters within 250 feet of vessel and machinery
conducting demolition operations on the remaining portions of the Route
9, Beesley Point Bridge bascule span. This safety zone is necessary to
provide for the safety of life on navigable waters during the
demolition and will re-route vessel traffic through an alternate
channel to facilitate heavy marine equipment operating in the main
navigational channel to remove the bascule span of the bridge and will
be in place throughout the entire duration of the demolition work.
The second safety zone includes all waters within 500 yards of a
blasting vessel and equipment being used to conduct bridge pile
blasting operations, which is the final phase of the demolition of the
Route 9, Beesley Point Bridge bascule span. This safety zone will only
be enforced during times of explosive detonation. The safety zone will
temporarily restrict vessel traffic from transiting or anchoring in a
portion of the Great Egg Harbor Bay while pile blasting and removal
operations are being conducted to facilitate the removal of bridge
piles from the demolished Route 9, Beesley Point Bridge.
DATES: This rule is effective without actual notice from August 31,
2016 through October 20, 2016. For the purposes of enforcement, actual
notice will be used from August 22, 2016, until August 31, 2016. The
second safety zone will be enforced on or about October 1, 2016, only
during times of explosive detonation.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to, type USCG-2016-0665 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 Tom.J.Simkins@uscg.mil.
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
In June of 2013, demolition work began on the Route 9, Beesley
Point Bridge between Somers Point and Marmora, NJ. Route 52
Construction, the company performing this demolition work, has
completed all demolition of the bridge and piles except the portion of
the bridge which has the bascule span opening for the navigational
channel.
During this phase of demolition heavy marine equipment, to include
a large crane and barge, will be used to remove the large bascule span
arms and what is left of the bridge tender house and roadway. The barge
and crane must be placed in the navigational channel to properly secure
and remove what remains of the bridge.
All piles from the demolished bridge south of the bascule span have
been removed. All piles north of the bascule span have been removed
with the exception of four piles, which are attached to the bascule
span for support. The Coast Guard has reviewed Route 52 Construction's
plan to move the main navigational channel 100 feet south of the most
southern portion of the remaining bridge to allow vessel traffic to
safely pass during the demolition of the bascule span. Once the bascule
span is removed, the piles will be removed
[[Page 59866]]
and the bridge will be completely removed from the waterway.
The removal of the remaining piles, which are secured to the sea
floor bed, will be completed by using explosives, after which the piles
and debris will be removed. The Captain of the Port, Delaware Bay, has
determined that potential hazards associated with pile blasting and
removal operations, beginning on or about October 1, 2016, will be a
safety concern for anyone operating within 500 yards of pile blasting
and removal operations during times of explosive detonation.
The purpose of this rule is to promote maritime safety and protect
vessels from the hazards of bridge demolition and pile blasting
operations, and to maintain safety of navigation in the Great Egg
Harbor Bay, in the vicinity of the Route 9, Beesley Point Bridge. The
rule will provide for a clear transit route for vessels, provide a
safety buffer around the crane and barge while demolition operations
are conducted, and provide a safety buffer around the blasting vessel
during times of explosive detonation.
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 were
not received by the Coast Guard until August 18, 2016, and the
demolition work will begin August 22, 2016. The first safety zone is
required by August 22, 2016, for the demolition of the remaining
portion of the bridge, and it is impracticable to publish an NPRM and
consider comments before that date. Allowing this event to go forward
without a safety zone in place would expose mariners and the public to
unnecessary dangers associated with bridge demolition operations. The
crane and barge must be placed in the main navigational channel to
facilitate the removal of the remaining portion of the bridge.
Therefore, it is imperative that there is a clear transit route and
safety zone around the demolition location.
Furthermore, the second safety zone is needed for blasting
operations which will begin on or about October 1, 2016. It is
impracticable to publish an NPRM and consider comments due to the short
window of time until the operation begins. Allowing this event to go
forward without a safety zone in place would expose mariners and the
public to unnecessary dangers associated with pile blasting operations.
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 we
stated for not publishing an NPRM. The Coast Guard expects minimal
impact to vessels transiting through the alternate channel. Vessels
will be able to safely transit through the alternate channel at all
times, except during times of explosive detonation. The alternate
channel will have the same horizontal clearance and no vertical
clearance restriction, similar to the current navigational channel.
Furthermore, notification for the first safety zone will be made via
marine safety broadcast using VHF-FM channel 16 and through the Local
Notice to Mariners.
For the second safety zone, the pile blasting operation, two
blasting events will occur on consecutive days to complete both piers.
Notification for the second safety zone will be a combination of
broadcast notice to mariners, local notice to mariners, posted warning
signs, 500 yard marine traffic safety zone maintained by the
contractor's safety boats during time of explosive detonations, a 10
minute, 5 minutes, and 1 minute warning made by the blasting vessel via
VHF-FM channel 16, and warning signals at 5 minutes with 3 short blasts
of the air horn, and 1 minute warning of 2 short blasts of the air
horn. The schedule of the signals will be posted along with all other
required company, Local, State, and Federal signage.
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 demolition and pile blasting
operations of the Route 9, Beesley Point Bridge, over the Great Egg
Harbor Bay, in Marmora, NJ from August 22, 2016, through October 20,
2016. The rule will provide for a clear transit route for vessels,
provide a safety buffer around the crane and barge while demolition
operations are conducted, and provide a safety buffer around the
blasting vessel during times of explosive detonation.
The rule will minimally impact vessels transiting through the Great
Egg Harbor Bay navigational channel, in the vicinity of the Route 9,
Beesley Point Bridge because vessels will be able to safely transit
through an adequate alternate channel, except during times of explosive
detonation. The alternate channel will have the same horizontal
clearance and no vertical clearance restriction, similar to the current
navigational channel.
IV. Discussion of the Rule
On August 22, 2016, demolition work will begin on the remaining
portion of the Route 9, Beesley Point Bridge, over the Great Egg Harbor
Bay, in Marmora, NJ. The Captain of the Port, Delaware Bay, has
determined that the hazards associated with demolition and pile
blasting operations require two separate safety zones. The first safety
zone will encompass all the navigable waters within 250 feet of the
marine equipment and demolition operation. 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.
Vessels wishing to transit the waterway may navigate approximately 100
feet south of the main navigational channel to the alternate
navigational channel to safely pass the demolition equipment. An
adequate alternate navigational channel will be established 100 feet
south of the most southern portion of the bascule span which will have
the a horizontal clearance of 60 feet and an unlimited vertical
clearance. The alternate navigational channel will be clearly marked
with red and green buoys; during the evening the buoys will be lit with
red and green lights to signify the channel. The alternate channel will
have the same horizontal clearance and no vertical clearance
restrictions; the State of New Jersey has marked the channel with best
water for passage of vessels. Vessels are requested to contact the
demolition crew via VHF-FM channel 13 or 16 to make satisfactory
passing arrangement and maintain a safe speed when transiting the
alternate navigational channel.
The second safety zone will be enforced starting on or about
October 1, 2016, only during times of explosive detonation, and
encompasses all navigable waters in the Great Egg Harbor Bay within 500
yards of vessels and machinery being used to conduct pile blasting and
removal operations. The duration of the enforcement of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters while explosive detonation occurs. There will be
two blasting events occurring on consecutive days to complete both
piers. Actual dates and times of explosive detonation
[[Page 59867]]
will be published with a combination of broadcast notice to mariners,
local notice to mariners, posted warning signs, 500 yard marine traffic
safety zone maintained by the contractors safety boats, a 10 minute, 5
minutes, and 1 minute warning made by the blasting vessel via VHF-FM
channel 16, and warning signals at 5 minutes with 3 short blasts of the
air horn, and 1 minute warning of 2 short blasts of the air horn. The
schedule of the signals will be posted along with warning signs.
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. No vessels may transit through the
safety zone during times of explosives detonation. During pile blasting
explosive detonation, vessels will be required to maintain a 500-yard
distance from vessels and equipment used to conduct pile blasting and
removal operations. This 500 yard radius will be secured by two
contractor safety boats in the adjacent waterways. For safety reasons
associated with the blasting operation, during times of explosive
detonation the alternate navigational channel will be closed. At all
other times vessels may transit through the established alternate
navigational channel approximately 100 feet south of the southernmost
remaining pile of the Route 9, Beesley Point Bridge.
Signs will be posted to identify the blast area and warning signs
will be posted with the schedule of the warning signals. The contractor
will verify that all vessels and persons are clear of safety zone 10
minutes prior to the scheduled shot time and will remain secured until
the blaster gives the ``All Clear''. All persons involved with securing
the blast zone will be equipped with marine radios. A 10 minute, 5
minutes, and 1 minute warning made by the blasting vessel via VHF-FM
channel 16, and warning signals at 5 minutes with 3 short blasts of the
air horn, and 1 minute warning of 2 short blasts of the air horn. After
every explosive detonation the blasting vessels will give the ``All
Clear'' when the alternate channel is clear for vessels to transit.
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 the
availability for vessels to transit freely through the alternate
channel, around the first safety zone. Vessels will only be affected
during times of explosive detonation, where the second safety zone will
be enforced. The second safety zone is of a limited size and duration
as blasting will occur only for a consecutive two day period. In
addition, the zones 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
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 minimal disruption to the
maritime community. Before the effective period, the Coast Guard will
issue maritime advisories widely available to users of the river to
allow mariners to make alternative plans for transiting the affected
areas. In addition, vessels may transit around the zone through an
alternate channel, except during time of explosive detonation.
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
[[Page 59868]]
$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 two safety zones, the first encompassing all the waters
within 250 feet of demolition operations on the remaining portion of
the Route 9, Beesley Point Bridge, over Great Egg Harbor Bay, in
Marmora, NJ and the second encompassing all navigable waters in the
Great Egg Harbor Bay within 500 yards of vessels and machinery being
used to conduct pile blasting and removal operations during times of
explosive detonation. 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.T05-0665, to read as follows:
Sec. 165.T05-0665 Safety Zone; Great Egg Harbor Bay, Marmora, NJ.
(a) Regulated areas. The following areas are safety zones:
(1) Bascule span demolition zone. All waters within 250 feet of
vessels and machinery conducting demolition operations in Great Egg
Harbor Bay, in the vicinity of Route 9, Beesley Point Bridge bascule
span, in Marmora, NJ.
(2) Bridge pile blasting zone. All waters within 500 yards of the
blasting vessel and equipment conducting pile blasting operations, in
Great Egg Harbor Bay, in the vicinity of Route 9, Beesley Point Bridge,
in Marmora, NJ.
(b) Regulations. The general safety zone regulations in Sec.
165.23 apply to the safety zones created by this temporary section,
Sec. 165.T05-0665.
(1) All vessels and persons are prohibited from entering into or
moving within the safety zones described in paragraph (a) of this
section while they are 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
zones 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).
(3) Vessels may freely transit through the marked alternate
channel, approximately 100 feet south of the most southern portion of
the bascule span. The alternate channel has a horizontal clearance of
60 feet and unlimited vertical clearance. The alternate channel will be
marked with red and green buoys and the buoys will be lit at night.
Vessels are requested to contact the demolition crew via VHF-FM channel
13 or 16 to make satisfactory passing arrangement and maintain a safe
speed when transiting the alternate navigational channel.
(4) No vessels may transit through the safety zone described in
paragraph (a)(2) of this section during times of explosives detonation.
During pile blasting detonation, vessels will be required to maintain a
500 yard distance from the blasting vessel and equipment. Within the
500 yards is the alternate channel, approximately 100 feet south of the
most southern portion of the bascule span. Therefore no vessel may
transit the alternate channel during times of explosive detonation.
Actual dates and times of explosive detonation will be announced with a
combination of broadcast notice to mariners, local notice to mariners,
posted warning signs, 500 yard marine traffic safety zone maintained by
the contractors safety boats, 10 minute, 5 minutes, and 1 minute
warning made by the blasting vessel via VHF-FM channel 16, and warning
signals at 5 minutes with 3 short blasts of the air horn, and 1 minute
warning of 2 short blasts of the air horn. The schedule of the signals
will be posted along with all other required signage.
(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 period. This first safety zone will be enforced
from August 22, 2016, through October 20, 2016, unless cancelled
earlier by the Captain of the Port. The second safety zone for pile
blasting will only be enforced during times of explosive detonation.
Pile Blasting operations are schedule to begin on or about October 1,
2016. Actual dates and times of explosive detonation will be published
with a combination of broadcast notice to mariners, local notice to
mariners, posted warning signs, 500 yard marine traffic safety zone
maintained by the contractors safety boats, 10 minute, 5 minutes, and 1
minute warning made by the blasting vessel via VHF-FM channel 16, and
warning signals at 5 minutes with 3 short blasts of the air horn, and 1
minute warning of 2 short blasts of the air horn. The schedule of the
signals will be posted along with warning signs.
[[Page 59869]]
Dated: August 22, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2016-20951 Filed 8-30-16; 8:45 am]
BILLING CODE 9110-04-P
