[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)]
[Rules and Regulations]
[Pages 12115-12117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05567]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0158]
RIN 1625-AA00
Safety Zone; Delaware River, Diving Operation, Marcus Hook, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone encompassing all
navigable waters within a 250-yard radius of Commerce Construction
vessels and machinery conducting survey and diving operations in the
Delaware River, in the vicinity of Anchorage 7, near Marcus Hook, PA.
The safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by survey and diving
operations. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Delaware Bay.
DATES: This rule is effective without actual notice from March 20,
2018, through 6 p.m. on March 22, 2018. For the purposes of
enforcement, actual notice will be used from 6 a.m. on March 15, 2018,
through March 20, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0158 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, Waterways
Management Branch, U.S. Coast Guard Sector Delaware Bay; telephone
(215) 271-4889, 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
On March 11, 2018, the Coast Guard was notified of survey and
diving operations that will be taking place from March 15, 2018 through
March 22, 2018, in Marcus Hook Anchorage No. 7, on the Delaware River.
The COTP has determined that a safety zone is necessary to mitigate the
hazards involving survey and diving operations. The safety zone covers
all navigable waters within 250 yards of vessels and machinery being
used by personnel to conduct survey and diving operations.
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 notification of the survey and diving
operations was not given to the Coast Guard until March 11, 2018. It is
impracticable and contrary to the public interest to publish an NPRM
because we must establish this safety zone by March 15, 2018 to protect
persons involved with the survey and diving operations as well members
of the public who may be near those operations.
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 because immediate action is needed to
address the potential safety hazards associated with survey and diving
operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with
survey and diving operations starting March 15, 2018, will be a safety
concern for anyone within a 250-yard radius of diving and pipe removal
vessels and machinery. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the operations are being conducted.
IV. Discussion of the Rule
This rule establishes a safety zone from 6 a.m. Monday, March 15,
2018, through 6 p.m. Friday, March 22, 2018. Notification of dates and
times of safety zone enforcement will be sent to the maritime community
via Broadcast Notice to Mariners and Marine Safety Information
Bulletins. Marine Safety Information Bulletins may be obtained from
https://homeport.uscg.mil/port-directory/delaware-bay or by calling the
Coast Guard Delaware Bay Command Center at 215-271-4807. The safety
zone will cover all navigable waters within 250 yards of survey and
diving operation vessels, as well as any associated equipment,
operating in Marcus Hook Anchorage No. 7 near Marcus Hook, PA, on the
Delaware River. The work will be conducted in the southern most portion
of the Anchorage on the eastern side adjacent to the New Jersey
shoreline. During diving and removal operations, the safety zone will
restrict vessels from
[[Page 12116]]
anchoring in the lower portion of Anchorage No. 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 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 size, location,
duration, and time-of-day of the safety zone. The safety zone which
will impact a small designated area of the Marcus Hook Anchorage No. 7,
in the Delaware River, from 6 a.m. through 6 p.m., Monday through
Friday, beginning March 15, 2018 through March 22, 2018. Vessel traffic
will be able to safely transit the main navigational channel during
that time. Moreover, the Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16, Local Notice to Mariners, and
Marine Safety Information Bulletin about the zone.
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 anchor in
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 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
Directive 023-01 and Commandant Instruction M16475.1D, 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
a safety zone that will prohibit entry within 250 yards of survey and
diving operation vessels, as well as any associated equipment,
operating in Marcus Hook Anchorage No. 7 near Marcus Hook, PA, on the
Delaware River. It is categorically excluded from further review under
paragraph L[60a] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. 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:
[[Page 12117]]
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.T05-0158 to read as follows:
Sec. 165.T05-0158 Safety Zone, Delaware River; Diving Operations;
Marcus Hook, PA.
(a) Location. The following areas are safety zones: all navigable
waters within 250 yards of survey and diving operation vessels, as well
as any associated equipment, operating in Marcus Hook Anchorage No. 7
near Marcus Hook, PA, on the Delaware River.
(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
subpart C of this part apply to the safety zone created by this
section.
(1) Entry into or transiting within the zone is prohibited unless
vessels obtain permission from the Captain of the Port via VHF-FM
channel 16, or make satisfactory passing arrangements via VHF-FM
channels 13 or 80 with the on-scene 25 foot diving vessel.
(2) No vessels may anchor in the lower portion of Marcus Hook
Anchorage No. 7 for the duration of the enforcement period.
(3) All vessels must operate at the minimum safe speed necessary to
maintain steerage and reduce wake.
(4) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
(d) Enforcement periods. This section will be enforced from 6 a.m.
through 6 p.m., Monday through Friday, beginning March 15, 2018,
through March 22, 2018.
Dated: March 14, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2018-05567 Filed 3-19-18; 8:45 am]
BILLING CODE 9110-04-P