[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Rules and Regulations]
[Pages 3497-3499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01201]
[[Page 3497]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-1002]
RIN 1625-AA00
Safety Zone, Vessel Movement, Christina River; Wilmington, DE
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Christina River in Wilmington, DE, from January 18, 2014 to January 31,
2014, to be enforced for a period of 48 hours within this time frame.
The safety zone will restrict vessel traffic on the Christina River in
the immediate area of the M/V OCEAN FORCE, which will be moored inside
a boundary described as originating from 39[deg]43'14'' N,
075[deg]31'41'' W; northeasterly to 39[deg]43'17'' N, 75[deg]31'40'' W;
then east to 39[deg]43'15'' N, 075[deg]31'47'' W; then southwesterly to
the shoreline at 39[deg]43'10'' N; 075[deg]31'30'' W. The safety zone
is intended to facilitate 24 hour cargo operations in which a 110 ft
object will be offloaded from the vessel to the facility.
This regulation is necessary to provide for the safety of life on
the navigable waters of the Christina River. This safety zone is
intended to restrict vessel traffic movement to ensure the safety of
the vessels and personnel involved with the cargo operation.
DATES: This rule is effective without actual notice from January 22,
2014 until 7:00 p.m. on January 31, 2014, unless cancelled earlier. For
the purposes of enforcement, actual notice will be used from the date
the rule was signed, January 6, 2014, until January 22, 2014. This rule
will be enforced for a period of 48 hours within this time frame.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-1002]. 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 If you have questions on this temporary rule, call or
email Lieutenant Veronica Smith, U.S. Coast Guard, Sector Delaware Bay,
Chief Waterways Management Division, Coast Guard; telephone (215) 271-
4851, email [email protected]. 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 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 a safety zone is in the public
interest in that the Coast Guard seeks to ensure safety of life and
property for both those vessels offloading the large cargo and those
persons transiting the Christina River. 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 as the operators of the M/V OCEAN FORCE did not provide
sufficient notice to the Coast Guard relating to the expected date of
arrival of the vessel and subsequent offload of the cargo. Therefore,
delay in taking action is both impracticable and contrary to public
interest.
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
during the offloading of the cargo.
B. Basis and Purpose
On or after January 18, 2014, the M/V OCEAN FORCE will be arriving
to the Port of Wilmington to offload a 110 ft object. To facilitate the
cargo operations, the vessel will be Mediterranean moored (placing the
vessel's stern to the dock) to the facility. Due to the size of the
vessel, expected manner of moorage of the vessel, and the unusual size
of the cargo, vessel traffic will be restricted from entering the
safety zone during the designated date and time, which accounts for
staging of the vessel and machinery to offload the cargo as well as the
actual offloading of the cargo. This rule is required in order to
safely facilitate cargo operations and protect both life and property
on the navigable waterways of the Christina River in respect to the
commercial/recreational vessel traffic.
C. Discussion of the Final Rule
The Coast Guard is establishing a temporary safety zone in the
waters of the Christina River in Wilmington, DE from 7 a.m. on January
18, 2014 until 7 p.m. on January 31, 2014, to be enforced for a period
of 48 hours within this time frame. The safety zone will restrict
vessel traffic from entering in the immediate area of the M/V OCEAN
FORCE. The M/V OCEAN FORCE will be moored inside a boundary described
as originating from 39[deg]43'14'' N, 075[deg]31'41'' W; northeasterly
to 39[deg]43'17'' N, 75[deg]31'40'' W; then east to 39[deg]43'15'' N,
075[deg]31'47'' W; then southwesterly to the shoreline at
39[deg]43'10'' N; 075[deg]31'30'' W. 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. Those persons authorized to transit through
the safety zone shall abide by and follow all directions provided by
the Captain of the Port Delaware Bay, or her designated representative,
in order to ensure they are not disrupting the cargo offloading
operation.
The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners and on-scene designated representatives.
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 or executive orders.
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
[[Page 3498]]
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
access to the regulated area, 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
may still be permitted to transit through the safety zone with the
permission of the Captain of the Port on a case-by-case basis; and
(iii) this rule will be enforced for only the duration of staging and
offloading operations.
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 will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to anchor or transit along a portion of the Christina River
near Wilmington, Delaware, from January 18, 2014 until January 31,
2014, unless cancelled earlier by the Captain of the Port.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: vessel
traffic will be allowed to pass through the zone with permission of the
Coast Guard Captain of the Port Delaware Bay or her representative and
zone is limited in size. Sector Delaware Bay will issue maritime
advisories widely accessible to users of the seacoast.
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 vessel traffic
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from transiting the Christina River along the shoreline of Wilmington,
Delaware, in order to protect the safety of life and property on the
waters while cargo offloading operations are conducted. 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 temporary Sec. 165.T05-1005, to read as follows:
Sec. 165.T05-1005 Safety Zone, Vessel Movement, Christina River;
Wilmington, DE.
(a) Location. The following area is a safety zone: All waters of
the Christina River in Wilmington, DE inside a boundary described as
originating from 39[deg]43'14'' N, 075[deg]31'41'' W; northeasterly to
39[deg]43'17'' N, 75[deg]31'40'' W; then east to 39[deg]43'15'' N,
075[deg]31'47'' W; then southwesterly to the shoreline at
39[deg]43'10'' N; 075[deg]31'30'' W.
(b) Enforcement period. This rule is enforced for a 48 hour period
while the M/V OCEAN FORCE is Mediterranean Moored, from 7 a.m. on
January 18, 2014 until 7 p.m. on January 31, 2014, unless cancelled
earlier by the Captain of the Port once all operations are completed.
(c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.33.
(1) All persons and vessels transiting through the Safety Zone must
be authorized by the Captain of the Port or her representative.
(2) All persons or vessels wishing to transit through the Safety
Zone must request authorization to do so from the Captain of the Port
or her representative one hour prior to the intended time of transit.
(3) Vessels granted permission to transit must do so in accordance
with the directions provided by the Captain of the Port or her
representative to the vessel.
(4) To seek permission to transit the Safety Zone, the Captain of
the Port or her representative can be contacted via Sector Delaware Bay
Command Center (215) 271-4940.
(5) This section applies to all 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.
(6) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
(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; and
(9) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
(d) Definitions.
(1) The Captain of the Port means the Commander of 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.
(2) [Reserved]
(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: January 6, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2014-01201 Filed 1-21-14; 8:45 am]
BILLING CODE 9110-04-P