
[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]


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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.

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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


