[Federal Register Volume 75, Number 165 (Thursday, August 26, 2010)]
[Rules and Regulations]
[Pages 52463-52465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21309]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0743]
RIN 1625-AA00


Safety Zone; Raccoon Creek, Bridgeport, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in specified 
waters of Raccoon Creek, Bridgeport, NJ. This action is necessary to 
provide for the safety of life and property on navigable waters while 
contractors replace steel I-beams. This safety zone is intended to 
restrict vessel access in order to protect mariners in a portion of 
Raccoon Creek.

DATES: This rule is effective in the CFR on August 26, 2010 through 10 
p.m. on August 28, 2010. This rule is effective with actual notice for 
purposes of enforcement on August 14, 2010. This rule will remain in 
effect through August 28, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0743 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0743 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail LT Corrina Ott, Chief, Waterways 
Management Division, Coast Guard; telephone 215-271-4902, e-mail 
<a href="/cdn-cgi/l/email-protection#4d0e223f3f24232c630239390d383e2e2a63202421"><span class="__cf_email__" data-cfemail="36755944445f5857187942427643455551185b5f5a">[email protected]</span></a>. If you have questions on viewing the docket, call 
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because publishing an NPRM is impracticable 
and contrary to the public interest. Delaying the effective date by 
first publishing an NPRM and holding a comment period would be contrary 
to the rule's objectives of ensuring safety of life on the navigable 
waters while these repairs are taking place, as immediate action is 
needed to protect persons and vessels from the hazards associated with 
the bridge repair operations.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Any delay in the effective date of 
this regulation would be contrary to the public interest as immediate 
action is necessary to protect persons and vessels from the hazards 
associated with the bridge repair operations.

Basis and Purpose

    This temporary safety zone is necessary to ensure the safety of 
persons, vessels, and the New Jersey Department of Transportation 
(NJDOT) workers while the NJDOT conducts significant bridge repairs. 
The NJDOT plans on replacing steel I-beams used to support the Route 
130 Bridge spanning the Raccoon Creek in Bridgeport, NJ. A barge will 
be used to transport and support construction materials which will be 
stationed in the Raccoon Creek channel during the pendency of the 
safety zone.

Discussion of Rule

    This temporary safety zone is for all navigable waters within 400 
yards on either side of the Route 130 Bridge, located approximately at 
39 48'04'' N, 075 21'20'' W. This rule is effective from 6 a.m. to 10 
p.m. every Saturday from August 14, 2010 through August 28, 2010. This 
rule is necessary because the NJDOT has identified the need to station 
a barge below the Route 130 Bridge to replace three 17-foot steel I-
beams and to prevent injury or damage to property from falling debris 
associated with the repair. This temporary rule will provide for the 
safety of mariners navigating the Raccoon Creek. This rule is required 
due to the inherent dangers associated with these types of 
construction.
    During the enforcement period of the safety zone, all persons and 
vessels will be prohibited from entering, transiting, mooring, or 
remaining within the zone unless specifically authorized by the Captain 
of the Port Delaware Bay, or her designated representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. Due to the location of the proposed 
safety zone being in an area not subject to regular flow of vessel 
traffic, the regulatory impact is expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be enforced for three days over the course of three weeks 
from 6 a.m. to 10 p.m. every Saturday from August 14, 2010 through 
August 28, 2010. The local marina being affected has been notified 
regarding this temporary safety zone. The marina has made arrangements 
to inform affected boaters of the need to make alternate arrangements 
during the effective period. Before the effective period, the Coast 
Guard will issue

[[Page 52464]]

maritime advisories widely available to users of the creek allowing 
mariners to adjust their plans, accordingly. Although the safety zone 
will apply to the entire width of the waterway, traffic will be allowed 
to pass through the safety zone with the permission of the Captain of 
the Port Delaware Bay or her designated representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520)

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian Tribes, on the relationship between the Federal Government and 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction and neither an environmental assessment nor an 
environmental impact statement is required. This rule involves a 
limited-in-duration safety zone intended to protect life and property 
on the navigable waterways of Raccoon Creek. An environmental analysis 
checklist and a categorical exclusion determination will be made 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0171.1.


0
2. Add Sec.  165.T05-0743 to read as follows:


Sec.  165.T05-0743  Safety Zone; Raccoon Creek, Bridgeport, NJ

    (a) Location. The safety zone will restrict vessel traffic on all 
navigable waters within 400 yards on either side of the Route 130 
Bridge, Raccoon Creek,

[[Page 52465]]

Bridgeport, NJ located at 39 48'04'' N, 075 21'20'' W.
    (b) Definitions. (1) ``Designative Representative'' means the 
Commander of Sector Delaware Bay or any Coast Guard commissioned, 
warrant, or petty officer who has been designated by the Captain of the 
Port to act on her behalf. (2) ``Official patrol'' means any vessel 
assigned or approved by the Captain of the Port Delaware Bay with a 
commissioned, warrant, or petty officer on board that is displaying a 
Coast Guard Ensign as well as any assisting local law enforcement 
vessels.
    (c) Regulations. (1) Under the general regulations in Sec.  165.23, 
entry into, transiting, mooring, anchoring, or remaining within this 
safety zone is prohibited unless authorized by the Captain of the Port 
Delaware Bay or her representative.
    (2) Except for persons or vessels authorized by the Captain of the 
Port Delaware Bay or her designated representative, no person or vessel 
may enter or remain in the regulated area.
    (3) The operator of any vessel in the regulated area shall: (i) 
Stop the vessel immediately when directed to do so by any Official 
Patrol,
    (ii) Proceed as directed by any Official Patrol.
    (4) The Captain of the Port Delaware Bay can be reached through 
telephone 215-271-4807.
    (5) The Official Patrol enforcing the safety zone can be contacted 
on VHF-FM marine band radio channel 13 (165.65 Mhz) and channel 16 
(156.8 Mhz).
    (d) Effective Period. This rule is effective in the CFR on August 
26, 2010. This rule is effective with actual notice for purposes of 
enforcement on August 14, 2010. This rule will remain in effect through 
10 p.m. on August 28, 2010.
    (e) Enforcement Period. This rule will be enforced from 6 a.m. to 
10 p.m. every Saturday from August 14, 2010 through August 28, 2010.

    Dated: August 5, 2010.
R.T. Gatlin,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2010-21309 Filed 8-25-10; 8:45 am]
BILLING CODE 9110-04-P


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