
[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Proposed Rules]
[Pages 57567-57570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22756]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-1045]
RIN 1625AA00


Safety Zone; Military Munitions Recovery, Raritan River, Raritan, 
NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
within the waters of the Raritan River upstream of the Perth Amboy 
Railroad Bridge. This proposed safety zone is necessary to provide for 
the protection of the maritime public and safety of navigation during 
removal of underwater explosive hazards in the Raritan River. This 
action is intended to protect the public from the dangers posed by 
underwater explosives by restricting unauthorized persons and vessels 
from traveling through or conducting underwater activities within a 
portion of the Raritan River while military munitions are rendered 
safe,

[[Page 57568]]

detonated, and/or removed from the area. Entry into this zone (as well 
as a broad array of other actions) would be prohibited within the 
safety zone unless authorized by the Captain of the Port New York or 
the designated on-scene representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 21, 2013.
    Requests for public meetings must be received by the Coast Guard on 
or before September 26, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-1045 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (202) 366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Hannah Eko, U. S. Coast Guard, Sector New York, 
Waterways Management Division, telephone (718) 354-4114, email 
Hannah.O.Eko@uscg.mil or BMC Craig Lapeijko, Coast Guard First District 
Waterways Management Branch, telephone (617) 223-8381, email 
craig.d.lapeijko@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
USACE United States Army Corps of Engineers

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2012-1045] in the ``SEARCH'' box and click 
``SEARCH''. Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2012-1045) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before September 26, 2013., using one of the 
methods specified under ADDRESSES. Please explain why you believe a 
public meeting would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

B. Basis and Purpose

    The legal basis for the proposed rule is 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; Public Law 107-295, 116 Stat. 2064; Department 
of Homeland Security Delegation No. 0170.1., which collectively 
authorize the Coast Guard to establish safety zones.
    The U.S. Army Corps of Engineers (USACE) has been investigating the 
former Raritan Arsenal for over 20 years. The former Raritan Arsenal 
was approximately 3,200 acres and enclosed by Woodbridge Avenue and the 
Raritan River; between Mill Road and Clearview Avenue. USACE 
investigations in the past have located military munitions and 
hazardous and toxic waste in the former Raritan Arsenal region. 
Beginning in the fall of 2013, the USACE plans to conduct a remedial 
investigation within the Raritan River using advanced metal detection, 
removal, and detonation techniques. The USACE has established a Web 
site for this project at http://www.nan.usace.army.mil/Missions/Environmental/EnvironmentalRemediation/FormerlyUsedDefenseSites/FormerRaritanArsenal.aspx.
    The USACE is conducting a remedial investigation within the Raritan 
River using advanced metal detection, removal, and detonation 
techniques. This investigation is tentatively scheduled to begin in the 
fall of 2013 and may extend into 2014 or beyond. The Coast Guard 
believes that a safety

[[Page 57569]]

is needed to protect vessel traffic from the dangers of underwater 
explosives by restricting unauthorized persons and vessels from 
traveling through or conducting underwater activities within a portion 
of the Raritan River while military munitions are rendered safe, 
detonated, or removed from the area.

C. Discussion of Proposed Rule

    The Coast Guard proposes to establish a safety zone encompassing 
all navigable waters of the Raritan River upstream of the Perth Amboy 
Railroad Bridge to ensure the safety of mariners and vessels around the 
military munitions removal area.
    This safety zone would be enforced while on-scene workers are 
retrieving military munitions that could pose a hazard to persons or 
vessels operating in the area. Each military munitions retrieval is 
expected to require the activation of the safety zone for a minimum of 
60 minutes. Intended work hours (subject to change) are 6:00 a.m. 
through 6:00 p.m., Monday through Friday. The USACE will provide notice 
of the activation of the safety zone via vessels stationed at the 
eastern and western boundaries of the safety zone. These vessels will 
have flashing yellow lights to alert mariners to their presence and 
that the safety zone is being enforced.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    Although this proposed rule would restrict access to a small 
portion of the Raritan River until military munitions are rendered safe 
and removed, the effect of this regulation would not be significant due 
to the following reasons: The safety zone would cover only a small 
portion of the navigable waters within the Raritan River during limited 
intervals of time. We expect portions of the safety zone to be 
activated for short period while the military munitions are being 
removed or detonated. In addition, vessels may be authorized to enter 
the zone with permission of the COTP.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit, fish, dive, or anchor in a portion of the Raritan 
River upstream of the Perth Amboy Railroad Bridge during the time the 
safety zone is activated.
    This proposed safety zone would not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This safety zone would only be activated for limited periods 
of time while the USACE is retrieving or detonating military munitions. 
Vessel traffic would be minimal because the location of the safety zone 
is in an area that does not experience high volumes of vessel traffic, 
with typical commercial traffic being very minimal. Upstream 
recreational vessel entities will be contacted concerning this safety 
zone. Before the activation of the zone, maritime advisories would be 
issued and widely available to users of the waterway in the vicinity of 
the Raritan River.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    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 proposed 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, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. 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.

7. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. Civil Justice Reform

    This proposed 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.

[[Page 57570]]

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed rule 
involves the establishment of a safety zone. This rule would be 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist is 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.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; 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, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.170 to read as follows:


Sec.  165.170  Safety Zone; Military Munitions Recovery, Raritan River, 
Raritan, NJ.

    (a) Location.
    The following area is a safety zone: All navigable waters of the 
Raritan River upstream of the Perth Amboy Railroad Bridge, which spans 
the waterway at approximately 40[deg]29'46.3'' N, 74[deg]16'51.5'' W.
    (b) Definitions. The following definitions apply to this section:
    (1) ``Designated representative'' means any U.S. Army Corps of 
Engineers personnel, any commissioned, warrant, or petty officer of the 
U.S. Coast Guard, and any member of the Coast Guard Auxiliary who has 
been designated by the Captain of the Port New York (COTP), to act on 
his or her behalf. As a designated representative, the U.S. Army Corps 
of Engineers official patrol vessel will communicate with vessels via 
VHF-FM radio or loudhailer.
    (2) ``Official patrol vessel'' means any Coast Guard, Coast Guard 
Auxiliary, Army Corp of Engineers, state, or local law enforcement 
vessels assigned or approved by the COTP.
    (c) Regulations.
    (1) The general regulations in 33 CFR 165.23 apply.
    (2) Entry, transit, diving, dredging, dumping, fishing, trawling, 
conducting salvage operations, remaining or anchoring within the safety 
zone described in paragraph (a) of this section is prohibited unless 
authorized by the COTP.
    (3) Upon being hailed by a U.S. Coast Guard vessel, U.S. Army Corps 
of Engineers vessel or a designated representative, by siren, radio, 
flashing light, or other means, the operator of a vessel shall proceed 
as directed.
    (4) Vessel operators desiring to enter, transit, dive, dredge, 
dump, fish, trawl, conduct salvage operations, remain within or anchor 
within the safety zone must contact the COTP or a designated 
representative via VHF channel 16 or by phone at (718) 354-4353 (Sector 
New York Command Center) to request permission.
    (5) Vessel operators given permission to enter or operate in the 
safety zone must comply with all directions given to them by the COTP 
or a designated representative.

    Dated: September 6, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2013-22756 Filed 9-18-13; 8:45 am]
BILLING CODE 9110-04-P


