
[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Rules and Regulations]
[Pages 15692-15694]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06247]



[[Page 15692]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0145]
RIN 1625-AA00


Safety Zone, Barnegat Inlet; Barnegat Light, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has established a safety zone in Barnegat 
Inlet from March 7, 2014 to November 31, 2014 around the Barnegat Inlet 
north jetty repair project. The Army Corps of Engineers has contracted 
with Agate Construction to repair the damage to the north jetty that 
was caused by Hurricane Sandy in October 2012. The presence of work 
barges in the channel reduces the width of the navigable portion of 
Barnegat Inlet, making it too narrow for vessels to safely pass each 
other within the inlet. This regulation is necessary to provide for the 
safety of life on the navigable waters of Barnegat Inlet and is 
intended to restrict traffic movement to protect mariners from hazards 
associated with the north jetty repair operations.

DATES: This rule is effective without actual notice from March 21, 2014 
until November 31, 2014. For purposes of enforcement, actual notice 
will be used from the date the rule was signed, March 7, 2014, until 
March 21, 2014. This rule will be enforced until November 31, 2014 
unless cancelled earlier by the Captain of the Port.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0145]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Veronica Smith, Chief Waterways Management 
Division, Sector Delaware Bay, U.S. Coast Guard; telephone (215) 271-
4851, email Veronica.L.Smith@uscg.mil. If you have questions on viewing 
or submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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 immediate action is necessary to 
protect the maritime public. The presence of Agate Construction's 
barges in the narrow inlet poses a threat to maritime traffic and a 
safety zone is needed to reduce congestion in the waterway. In this 
case, waiting for a comment period to run would be contrary to the 
public interest of protecting life and property. In addition, 
publishing an NPRM is impracticable because the U.S. Army Corps of 
Engineers did not provide sufficient notice to the Coast Guard to allow 
for a comment period prior to the commencement of the work.
    Notice to the local commercial fishing community was given on 
February 19, 2014 in a meeting with the Coast Guard, Army Corps of 
Engineers, and Agate Construction. Additionally, the Coast Guard is 
conducting outreach to recreational boaters by providing information to 
local marinas and boating organizations and by outreach through the 
U.S. Coast Guard Auxiliary.
    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 as any delay encountered in this 
regulation's effective date would be contrary to public interest 
because immediate action is needed to provide for the safety of vessels 
navigating in Barnegat Inlet while repairs are being conducted on the 
north jetty.

B. Basis and Purpose

    From March 7, 2014 to November 31, 2014 Agate Construction will be 
working under contract for the Army Corps of Engineers to conduct 
repairs to the north jetty of Barnegat Inlet. Due to the close 
proximity of the north jetty to the navigable portion of the inlet, the 
presence of work vessels within the navigable channel, and the 
resulting reduction of the width of the navigable area to approximately 
140 feet, this rule is required in order to safely facilitate 
operations and protect both life and property on the navigable 
waterways of Barnegat Inlet in respect to commercial and recreational 
marine activities.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone in the 
waters of Barnegat Inlet in Barnegat Light, NJ from March 7, 2014 to 
November 31, 2014, unless cancelled earlier by the Captain of the Port 
once all operations are completed. The safety zone will restrict more 
than one vessel at a time from transiting within Barnegat Inlet. 
Additionally, diving, swimming, fishing, and other recreational 
activities are prohibited within the safety zone at all times. The 
safety zone will encompass an area bounded on the Northwest of the 
inlet by a line drawn from position 39[deg]46''02' N, 074[deg]06''00' W 
to 39[deg]45''52' N, 074[deg]06''14' W, on the Southeast by a line 
drawn from position 39[deg]45''33' N, 074[deg]05''24' W, to 
39[deg]45''26' N, 074[deg]05''34' W, and bounded on the Northeast and 
Southwest by the Barnegat Inlet jetties. During the period that the 
safety zone is in effect, all vessels not responsible for jetty repair 
will be required to pass through the inlet one at a time and will be 
prohibited from mooring, anchoring, or remaining in the zone, unless 
specifically authorized by the Captain of the Port, Delaware Bay or her 
designated representative. Individuals engaged in activities in the 
water, including but not limited to diving, swimming, and fishing, are 
prohibited from participating in those activities within the safety 
zone. Those persons authorized to transit through the safety zone shall 
proceed at the minimum speed necessary to maintain steerage and shall 
abide by all directions provided by the Captain of the Port, Delaware 
Bay, or her designated representative, in order to ensure that they do 
not endanger themselves or others within Barnegat Inlet.

D. Regulatory Analyses

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

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1. Regulatory Planning and Review

    This 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 regulation 
will restrict vessel movement within Barnegat Inlet, the effect of this 
rule will not be significant because: (i) the Coast Guard will make 
extensive notification of the safety zone to the maritime public, via 
maritime advisories so mariners can alter their plans accordingly; (ii) 
vessels will be permitted to transit through the safety zone one at a 
time, and (iii) this rule will only be enforced for the duration of the 
jetty repair project.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule would affect the following entities, some of 
which might be small entities: the owners or operators of vessels 
intending to transit through Barnegat Inlet from March 7, 2014 to 
November 31, 2014, unless cancelled earlier by the Captain the Port 
once all operations are completed. The safety zone will not have a 
significant impact on a substantial number of small entities for the 
following reason: Vessel traffic will be allowed to pass through the 
safety zone one vessel at a time. Sector Delaware Bay will issue 
maritime advisories widely accessible to users of the inlet.

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 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.
    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.

4. 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).

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

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

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

14. 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 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 implementation of regulations within 33 
CFR Part 165, applicable to safety zones on the navigable waterways. 
This zone will temporarily restrict recreational

[[Page 15694]]

activity and transiting vessel traffic in Barnegat Inlet at Barnegat 
Light, NJ, for the duration of the Army Corps of Engineers north jetty 
repair project. This rule 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.

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; 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. 0170.1


0
2. Add Sec.  165.T05-0145, to read as follows


Sec.  165.T05-0145  Safety Zone, Barnegat Inlet; Barnegat Light, NJ.

    (a) Location. The following area is a safety zone: All waters of 
Barnegat Inlet, Barnegat Light, NJ in an area bounded on the Northwest 
of the inlet by a line drawn from position 39[deg]46'02'' N, 
074[deg]06'00'' W to 39[deg]45'52'' N, 074[deg]06'14'' W, on the 
Southeast by a line drawn from position 39[deg]45'33'' N, 
074[deg]05'24'' W, to 39[deg]45'26'' N, 074[deg]05'34'' W, and bounded 
on the Northeast and Southwest by the Barnegat Inlet jetties.
    (b) Enforcement period. This rule will be enforced from March 7, 
2014 to November 31, 2014, unless cancelled earlier by the Captain of 
the Port, Delaware Bay once all north jetty repair operations are 
completed. Vessel traffic will be notified of safety zone enforcement 
by a broadcast on VHF channel 16.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.33 of this 
part.
    (1) Recreational marine activities including but not limited to 
swimming, diving, and fishing are not permitted within the zone.
    (2) All persons and vessels must transit through the safety zone 
one vessel at a time and may not engage in activity other than transit 
directly through the inlet unless otherwise authorized by the Captain 
of the Port or her representative.
    (3) All persons or vessels wishing to transit through the safety 
zone more than one vessel at a time must request authorization to do so 
from the Captain of the Port or her representative 36 hours prior to 
the intended time of transit.
    (4) Vessels granted permission to transit more than one vessel at a 
time must do so in accordance with the directions provided by the 
Captain of the Port or her representative to the vessel.
    (5) To seek permission to transit the safety zone more than one 
vessel at a time, the Captain of the Port, or her representative, can 
be contacted via Sector Delaware Bay Command Center (215) 271-4940.
    (6) This section applies to all persons and vessels wishing to 
transit through the Safety Zone except vessels that are engaged in the 
following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (7) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (8) No person may board, or take or place any article or thing on 
board, any vessel in a safety zone without the permission of the 
Captain of the Port.
    (d) Definitions--(1) Captain of the Port means the Commander, 
Sector Delaware Bay, or any Coast Guard commissioned, warrant, or petty 
officer who has been authorized by the Captain of the Port to act on 
her behalf.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.

    Dated: March 7, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-06247 Filed 3-20-14; 8:45 am]
BILLING CODE 9110-04-P


