[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Rules and Regulations]
[Pages 28553-28556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13064]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0279]
RIN 1625-AA00
Safety Zone, Delaware River; Dredging
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones in
portions of Marcus Hook Range, Deepwater Point Range, and New Castle
Range, on the Delaware River, to facilitate the annual maintenance
dredging of the Federal Navigation Channel. The safety zones will be
established for the waters in the vicinity of the dredge and associated
pipeline, including dredge pipe which is located in Marcus Hook
Anchorage No. 7 and Pea Patch Island Anchorage No. 5. This regulation
is necessary to provide for the safety of life on navigable waters of
the Delaware River, in the vicinity of dredging activity, and is
intended to protect mariners from the hazards associated with pipe-
laying and dredging operations.
DATES: This rule is effective without actual notice from June 26, 2017
until September 1, 2017. For purposes of enforcement, actual notice
will be used from June 17, 2017 through June 26, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0279 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
rulemaking, call or email Petty Officer Amanda Boone, U.S. Coast Guard,
Sector Delaware Bay, Waterways Management Division, Coast Guard;
telephone (215) 271-4814, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
II. Background Information and Regulatory History
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 doing so would be impractical and
contrary to the public interest. Final details for the dredging
operation were not received by the Coast Guard until June 15, 2017.
Vessels transiting through New Castle Range, Deepwater Point Range,
Marcus Hook Range or attempting to enter the waters of Marcus Hook
Anchorage No. 7 and Pea Patch Island Anchorage No. 5 during pipe-laying
or dredging operations may be at risk. Delaying this rule for the
purpose of providing a notice and comment period would be contrary to
the public interest as it would inhibit the Coast Guard's ability to
protect the public from the hazards associated with pipe-laying and
dredging 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
because doing so would be contrary to the public interest. Allowing
this dredging and pipe laying operation to go forward without safety
zones in place would expose mariners and the public to unnecessary
dangers.
[[Page 28554]]
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231; 33 CFR 1.05-1 and 160.5; and Department of Homeland Security
Delegation No. 0170.1. The Captain of the Port (COTP), Delaware Bay,
has determined that potential hazards associated with dredging and pipe
laying operations, beginning June 17, 2017, will be a safety concern
for vessels attempting to transit the Delaware River, along New Castle
Range, Deepwater Point Range, Marcus Hook Range or attempting to enter
the waters of Marcus Hook Anchorage No. 7 and Pea Patch Island
Anchorage No. 5. This rule is needed to protect personnel, vessels, and
the marine environment on the navigable waters within the safety zones
while dredging is being conducted.
IV. Discussion of the Rule
The Coast Guard Captain of the Port is temporarily establishing
safety zones on portions of the Delaware River from June 17, 2017 until
September 1, 2017, unless cancelled earlier by the Captain of the Port,
to facilitate maintenance dredging being conducted in New Castle Range,
Deepwater Point Range and Marcus Hook Range. Maintenance dredging in
the channel will be conducted with the cutter suction dredge ILLINOIS
and associated pipeline. Pipeline will be a combination of floating
hoses immediately behind the dredge and submerged pipeline leading to
upland disposal areas. Due to the hazards related to cutter suction
dredging, the associated pipeline, and the location of the submerged
pipeline, safety zones will be established in the following areas:
(1) Safety zone one includes all waters within 150 yards of the
dredge and all related dredge equipment. The safety zone will be
established for the duration of the maintenance project. Vessels
requesting to transit shall contact the dredge ILLINOIS on VHF channel
13 or 16, at least 1 hour, as well as 30 minutes, prior to arrival.
(2) Safety zone two includes all the waters of Pea Patch Island
Anchorage No. 5 found in 33 CFR 110.157(a)(6), where submerged pipeline
will be located which poses a risk to anchored vessels. The safety zone
will be in place only during the time in which the dredge ILLINOIS is
conducting dredging operations in New Castle Range. Vessels requesting
to transit shall contact the dredge ILLINOIS on VHF channel 13 or 16,
at least 1 hour, as well as 30 minutes, prior to arrival.
(3) Safety zone three includes all the waters of Marcus Hook
Anchorage No. 7 found in 33 CFR 110.157(a)(8). Vessels requesting to
transit Marcus Hook Range shall contact the dredge ILLINOIS on VHF
channel 13 or 16, at least 1 hour, as well as 30 minutes, prior to
arrival. Vessels shall then transit around the dredge project area,
utilizing Marcus Hook Anchorage, while operating at the minimum safe
speed necessary to maintain steerage and reduced wake. Vessels wishing
to anchor in Marcus Hook Anchorage No. 7 must obtain permission from
the COTP at least 24 hours in advance by calling 215-271-4807. The COTP
will permit one vessel at a time to anchor on a ``first-come, first-
served'' basis. Vessels will only be allowed to anchor for a 12 hour
period. Vessels that require an examination by the Public Health
Service, Customs or Immigration authorities will be directed to an
anchorage for the required inspection by the COTP. Vessels are
encouraged to use Mantua Creek Anchorage No.9, Naval Base Philadelphia
Anchorage No. 10, and Deepwater Point Anchorage No. 6 as alternative
anchorages.
Entry into, transiting, or anchoring within the safety zones is
prohibited unless vessels obtain permission from the Captain of the
Port or make satisfactory passing arrangements with the dredge ILLINOIS
per this rule and the Rules of the Road (33 CFR chapter I, subchapter
E).
The Captain of the Port will implement and terminate the safety
zones individually once all submerged pipeline has been recovered and
dredging operations are completed in each range respectively. Notice of
the implementation and the termination of the safety zone will be made
in accordance with 33 CFR 165.7.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders 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 regulatory action determination is based on the size,
location, and duration of the safety zones. Although this regulation
will restrict access to regulated areas, the effect of this rule will
not be significant because there are a number of alternate anchorages
available for vessels to anchor. Furthermore, vessels may be permitted
to transit through the safety zone with the permission of the Captain
of the Port or make satisfactory passing arrangements with the dredge
ILLINOIS in accordance with this rule and the Rules of the Road (33 CFR
chapter I, subchapter E). Extensive notification of the safety zones to
the maritime public will be made via maritime advisories allowing
mariners to alter their plans accordingly.
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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
[[Page 28555]]
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 $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 it
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule adjusts rates in accordance with applicable statutory and
regulatory mandates. It is categorically excluded under section 2.B.2,
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor
regulatory changes that are editorial or procedural in nature. A Record
of Environmental Consideration (REC) supporting this determination is
available in the docket where indicated in the ADDRESSES section of
this preamble.
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.T05-0279 to read as follows:
Sec. 165.T05-0279 Safety Zone, Delaware River; Dredging..
(a) Location. The following areas are safety zones:
(1) Safety zone one includes all waters within 150 yards of the
dredge ILLINOIS and all related dredge equipment.
(2) Safety zone two includes all the waters of Pea Patch Island
Anchorage No. 5 found in 33 CFR 110.157(a)(6), where submerged pipeline
will be located causing a hazard to anchoring vessels. The safety zone
will be in place only during the time in which the dredge ILLINOIS is
conducting dredging operations in New Castle Range.
(3) Safety zone three includes all the waters of Marcus Hook
Anchorage No. 7 found in 33 CFR 110.157(a)(8). The safety zone will be
in place only during the time in which the dredge ILLINOIS is
conducting dredging operations in Marcus Hook Range.
(b) Definitions. (1) The Captain of the Port (COTP) 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 their behalf.
(2) 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 with the enforcement of safety zones
described in paragraph (a) of this section.
(c) Regulations. The general safety zone regulations found in
subpart C of this part apply to the safety zone created by this
section.
(1) Safety zone two will be in place only during the time that
dredge ILLINOIS is conducting dredging operations in New Castle Range.
Safety zone three will be in place only during time in which the dredge
ILLINOIS is conducting dredging operations in Marcus Hook Range.
(2) Vessels requesting to transit Marcus Hook Range shall contact
the dredge ILLINOIS on VHF channel 13 or 16, at least 1 hour, as well
as 30 minutes, prior to arrival. Vessels shall then transit around the
dredge project, utilizing Marcus Hook Anchorage, while operating at the
minimum safe speed necessary to maintain steerage and reduced wake.
(3) Vessels wishing to anchor in Marcus Hook Anchorage No. 7 during
the time in which the dredge ILLINOIS is conducting dredging operations
in Marcus Hook Range, must obtain permission from the COTP at least 24
hours in advance by calling 215-271-4807. The COTP will permit one
vessel at a time to anchor on a ``first-come, first-served'' basis.
Vessel will only be allowed to anchor for a 12 hour period. Vessels
that require an examination by the Public Health Service, Customs or
Immigration authorities will be directed to an anchorage by the COTP
for the required inspection. Vessels are encouraged to use Mantua Creek
Anchorage No. 9, Naval Base Philadelphia Anchorage No. 10, and
Deepwater Point Anchorage No. 6 as alternative anchorages.
(4) The Captain of the Port will implement and terminate the safety
zones individually once all submerged pipeline has been recovered and
dredging operations are completed in each range respectively. Notice of
the
[[Page 28556]]
implementation and the termination of the safety zone will be made in
accordance with Sec. 165.7.
(5) Entry into, transiting, or anchoring within the safety zone is
prohibited unless vessels obtain permission from the Captain of the
Port or make satisfactory passing arrangements, via VHF-FM channel 16,
with the dredge ILLINOIS per this rule and the Rules of the Road (33
CFR chapter I, subchapter E).
(6) To request permission to enter the safety zone, the Captain of
the Port's representative can be contact via VHF-FM channel 16. Vessels
granted permission to enter and transit through the safety zone must do
so in accordance with the directions provided by the Captain of the
Port or designated representative. No person or vessel may enter or
remain in a safety zone without permission from the Captain of the
Port. All persons and vessels within a safety zone shall obey the
directions or orders of the Captain of the Port or their designated
representative.
(7) At least one side of the main navigational channel will be kept
clear for safe passage of vessels in the vicinity of the safety zones.
At no time will the main navigational channel be closed to vessel
traffic. Vessels requesting to transit shall contact the dredge
ILLINOIS on VHF channel 13 or 16, at least 1 hour, as well as 30
minutes, prior to arrival.
(8) This section applies to all vessels that intend to transit
through the safety zones except vessels that are engaged in the
following operations: enforcement of laws; service of aids to
navigation, and emergency response.
(d) Enforcement. These safety zones will be enforced with actual
notice by the U.S. Coast Guard representatives on scene, as well as
other methods listed in Sec. 165.7.
Dated: June 16, 2017.
Benjamin A. Cooper,
Captain, U.. S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-13064 Filed 6-22-17; 8:45 am]
BILLING CODE 9110-04-P