[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Rules and Regulations]
[Pages 52005-52007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24377]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-1028]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Rehoboth Beach, DE
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones in the
Atlantic Ocean, off the coast of Rehoboth Beach, DE and in Breakwater
Harbor near Cape Henlopen. Safety zone one is being established for
navigable waters in the vicinity of the derrick barge HAAKON during
dredging operations, pipe laying operations, diving operations and
underwater construction operations. Safety zone two is being
established for waters in the vicinity of the working barges and
pipeline located in Breakwater Harbor during pipeline fusing and
testing operations. This regulation is necessary to provide for the
safety of life on navigable waters of Breakwater Harbor and the
Atlantic Ocean in the vicinity of the construction operations off the
coast of Rehoboth Beach during construction activities. Entry of
vessels or persons into these zones is prohibited unless specifically
authorized by the Captain of the Port Delaware Bay.
DATES: This rule is effective without actual notice from November 9,
2017 through February 28, 2018. For the purposes of enforcement, actual
notice will be used from November 6, 2017 through November 9, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1028 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 on this rule,
call or email Petty Officer Edmund Ofalt, Waterways Management Branch,
U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4814, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
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 due to the short time period between when
Sector Delaware Bay received complete details of this project, October
30, 2017, and the date when these safety zones needed to go into
effect. It is impracticable and contrary to the public interest to
publish an NPRM to provide a notice and opportunity for comment period
because the safety zones must be established by November 6, 2017, to
ensure safety of life on navigable waters in the vicinity of dredging
operations, pipe laying operations, diving operations as well as
construction
[[Page 52006]]
operations and to protect mariners from hazards associated with the
same.
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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the hazards presented to
safety of life on the Atlantic Ocean off the coast of Rehoboth Beach
and in Breakwater Harbor by the presence of dredge, diving and
construction equipment.
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 (COTP) Delaware Bay has determined that
potential hazards associated with dredging, diving, pipe laying, and
construction operations starting November 6, 2017 will be a safety
concern for vessels attempting to transit the Atlantic Ocean offshore
of Rehoboth Beach and Breakwater Harbor. This rule is needed to protect
personnel, vessels, and the marine environment on the navigable waters
within the safety zones while dredging, diving, pipe laying, and
construction operations are being conducted.
IV. Discussion of the Rule
This rule establishes two safety zones from November 6, 2017,
through February 28, 2018, unless cancelled earlier by the COTP, to
facilitate dredging, diving, pipe laying, and construction operations.
Dredging operations will commence on November 6, 2017. The derrick
barge HAAKON will begin dredging at approximate coordinates
38[deg]43'43.79'' N., 75[deg]3'32.60'' W. and move to the east.
Simultaneously, at another location, pipeline fusing operations will
begin and pipeline will be connected into two sections of approximately
1,900 feet in length each and one section approximately 1,800 feet in
length. Pipeline fusing operations are expected to take approximately
25 days. At the completion of pipeline fusing operations, all the
sections of pipeline will be pulled into Breakwater Harbor to
approximately 38[deg]47'53.00'' N., 75[deg]6'13.85'' W. The two 1,900
foot sections of pipeline will be fused together and tested for
continuity for at least 48 hours. When the pipeline proves to be
continuous, it will be taken to the location of dredging operations
where it will be inserted into a hole which has been horizontally
drilled back to the Rehoboth Beach water treatment facility. The 1,800
foot section will then be laid in the trench and connected to the 3,800
foot section. A diffuser of approximately 127 feet will then be
connected to the end of the pipe. Upon completion of connections and
testing, a portion of the sediment removed during the dredging
operations will be placed back over the pipeline and diffuser along
with marine matting to ensure stability.
Safety zone one includes all navigable waters within 150 yards of
the derrick barge HAAKON and associated dredging, diving, and
construction equipment operating in the Atlantic Ocean offshore of
Rehoboth Beach, DE, at approximate location 38[deg]43'43.79'' N.,
75[deg]3'32.60'' W.
Safety zone two includes all navigable waters within 150 yards of
the platform barge MANSON 76 and all associated equipment, to include
pipeline, operating in Breakwater Harbor at approximate location
38[deg]47'53.00'' N., 75[deg]6'13.85'' W.
Vessels requesting to enter either safety zone must receive
permission from the COTP on VHF-FM channel 16. Vessels may also contact
the HAAKON or MANSON 76 in the event of an emergency on VHF-FM channel
68 or 13.
V. Regulatory Analyses
This rule was developed after considering numerous statutes and
Executive orders related to rulemaking. Below is a summary of analyses
based on a number of these statutes and Executive orders, and 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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
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 the locations allow for transit around the
areas included in the safety zones as well as a reduction in vessel
traffic in the areas due to seasonal variations in the quantity of
vessel traffic in these locations.
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 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
[[Page 52007]]
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
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 safety zones that encompass all navigable waters within
150 yards of dredging, diving, construction operations and associated
equipment. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record
of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
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 Sec. 165.T05-1028, to read as follows:
Sec. 165.T05-1028 Safety Zone; Atlantic Ocean, Rehoboth Beach, DE.
(a) Location. The following area are safety zones:
(1) Safety zone one includes all navigable waters within 150 yards
of the derrick barge HAAKON and associated equipment operating in the
Atlantic Ocean offshore of Rehoboth Beach, DE, at approximate location
38[deg]43'43.79'' N., 75[deg]3'32.60'' W.
(2) Safety zone two includes all navigable waters within 150 yards
of the platform barge MANSON 76 and all associated equipment, to
include pipeline, operating in Breakwater Harbor at approximate
location 38[deg]47'53.00'' N., 75[deg]6'13.85'' W.
(3) These coordinates are based on the World Geodedic System 1984
(WGS 84) horizontal datum reference.
(b) 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 his
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 33
CFR part 165 subpart C apply to the safety zone created by this
section.
(1) Entry into or transiting within either safety zone is
prohibited unless vessels obtain permission from the Captain of the
Port, via VHF-FM channel 16. Vessels may also contact the derrick barge
HAAKON or platform barge MANSON 76, via VHF-FM channel 13 or 68 in an
emergency.
(2) Vessels granted permission to enter and transit the safety zone
must do so in accordance with any directions or orders of the Captain
of the Port, or his designated representative. No person or vessel may
enter or remain in a safety zone without permission from the Captain of
the Port.
(3) This section applies to all vessels that intend to transit
through the safety zone except vessels that are engaged in the
following operations: Enforcement of laws; service of aids to
navigation, and emergency response.
(d) Enforcement periods. This section will be enforced from
November 6, 2017, through February 28, 2017.
Dated: November 3, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-24377 Filed 11-8-17; 8:45 am]
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