[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13642-13644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06396]
[[Page 13642]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0090]
RIN 1625-AA00
Safety Zones Delaware River, Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Delaware Bay and River to restrict and protect
vessel traffic during the transit of two Post-Panamax gantry cranes to
the Port of Philadelphia. This action is intended to protect mariners
and vessels from the hazards associated with the transportation of
these large cranes. Entry of vessels or persons into this zone is
prohibited unless a vessel meets the stated requirements or is
specifically authorized by the Captain of the Port Delaware Bay.
DATES: This rule is effective without actual notice from March 30, 2018
through March 31, 2018. For the purposes of enforcement, actual notice
will be used from March 20, 2018 through March 30, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0090 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 operation, March
8, 2018, and the date when this safety zone needs to go into effect by.
It is impracticable and contrary to the public interest to publish an
NPRM before issuing this rule because we must establish this safety
zone by March 20, 2018 to ensure the safety of persons and vessels
participating in or transiting near the transit 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 and contrary to the public interest
because immediate action is needed to mitigate the hazards presented to
safety of life in the Delaware Bay and River presented by the transit
of equipment of this size.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231.
The COTP Delaware Bay has determined that potential hazards are
associated with the transit of the motor vessel (M/V) ZHEN HUA 16
beginning when the vessel arrives at the Delaware Bay Pilot's Station.
There will be a continuing safety concern for anyone within a 200-yard
radius of the vessel until it is moored at Greenwich Terminal in
Philadelphia, Pennsylvania.
IV. Discussion of the Rule
This rule establishes a temporary traveling safety zone in the
Delaware River and Bay in order to facilitate the delivery of two post-
Panamax gantry cranes to the Greenwich Terminal in Philadelphia,
Pennsylvania. The safety zone includes all navigable waters within 200
yards of the M/V ZHEN HUA 16 during its transit from the Delaware Bay
Pilot's Station to Greenwich Terminal in Philadelphia, Pennsylvania.
Enforcement of the safety zone will begin when the M/V ZHEN HUA 16
arrives at the Delaware Bay Pilot's Station and terminate when the
vessel completes mooring operations at the Greenwich Terminal in
Philadelphia, Pennsylvania. The anticipated date of arrival for the M/V
ZHEN HUA 16 at the Delaware Bay Pilot's Station is March 20, 2018, with
alternate dates of March 21, 22, 23, 24, 25, or 26, 2018. The exact
timeframe that will be required to complete the transit is unable to be
known in advance, but the Coast Guard estimates that it may take up to
48 hours to complete the journey from the Delaware Bay Pilot's Station
to Greenwich Terminal (with additional time possibly needed to complete
mooring).
To ensure a safe transit between the station and the terminal, the
vessel may stop in a designated anchorage area, as set forth in 33 CFR
110.157, for a short time if necessary due to weather and tidal
requirements. The safety zone will remain in place during any time the
vessel spends anchored. Vessels may transit through the safety zone
while the M/V ZHEN HUA 16 is anchored in a designated anchorage area if
they meet the following requirements: Transit through the safety zone
at the minimum safe speed to reduce wake and maintain steerage, and,
except for towing vessels designated as assist tugs and operating in
such capacity, do not overtake, meet, or otherwise pass any other
unmoored or unanchored vessel while transiting through the safety zone.
Vessels which do not meet all of the requirements listed above are
prohibited from entering or transiting the safety zone without prior
approval of the COTP Delaware Bay. Vessels requesting to enter or
transit the safety zone may contact the Sector Delaware Bay Command
Center via VHF-FM channel 16. The Coast Guard anticipates that most
vessels will be able to freely transit around the safety zone and will
not need to seek permission to enter the zone while the M/V XHEN HUA 16
is underway.
There will be a pre-designated safety vessel escorting the ZHEN HUA
16 while it is underway to monitor the flow of traffic and inform
mariners that the gantry crane transit is in progress.
The Coast Guard will be establishing a second safety zone through a
separate rulemaking to ensure the safety of vessels and persons
transiting the area during offloading operations once the vessel
reaches the terminal.
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.
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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 short duration
of the rule. The rule also allows for vessels to transit through the
safety zone while the M/V XHEN HUA 16 is in a designated anchorage if
certain requirements are met, and the Coast Guard anticipates that most
vessels will be able to freely transit around the safety zone and will
not need to seek permission to enter the zone while the M/V XHEN HUA 16
is underway. For these reasons the impact on waterway traffic is
expected to be minimal.
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 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 moving safety zone lasting only the duration of transit from the
Delaware Bay Pilot's station to Greenwich Terminals and a stationary
safety zone, which allows vessels to transit if certain requirements
are met, lasting approximately six days. It is categorically excluded
from further review under paragraph L60(a) 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:
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.T05-0090 to read as follows:
Sec. 165.T05-0090 Safety Zones; Delaware River, Philadelphia PA.
(a) Location. The following area is a safety zone: All navigable
waters within 200 yards of the M/V ZHEN HUA 16
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while the vessel is transiting from the Delaware Bay Pilot's Station to
Greenwich Terminal in Philadelphia, Pennsylvania.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Delaware Bay (COTP) in the enforcement of the
safety zone.
(c) Regulations. (1) In accordance with the general safety zones
regulations in subpart C of this part and except for as described in
paragraph (c)(3) of this section, vessels may not enter, remain in, or
transit the safety zone described in paragraph (a) of this section
unless authorized by the COTP or the COTP's designated representative.
(2) To seek permission to enter or remain in the zone, unless
moored or anchored outside the main navigational channel, contact the
COTP or the COTP's representative via VHF-FM Channel 16. Those in the
safety zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
(3) Vessels may transit the safety zone described in paragraph
(a)(1) of this section without permission from the COTP if all of the
following criteria are met:
(i) The M/V ZHEN HUA 16 is anchored in a designated anchorage as
defined in 33 CFR 110.157.
(ii) Vessels maintain the minimum safe speed to reduce wake and
maintain steerage.
(iii) Except towing vessels designated as assist tugs and operating
in such capacity, no vessel may meet, overtake or otherwise pass
another unmoored or unanchored vessel within the safety zone.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
(e) Enforcement period. Enforcement of the safety zone will begin
when the M/V ZHEN HUA 16 arrives at the Delaware Bay Pilot's Station
and terminate when the vessel completes mooring operations at the
Greenwich Terminal in Philadelphia, Pennsylvania. The anticipated date
of arrival for the M/V ZHEN HUA 16 at the Delaware Bay Pilot's Station
is March 20, 2018, with alternate dates of March 21, 22, 23, 24, 25, or
26, 2018. The exact timeframe that will be required to complete the
transit is unable to be known in advance, but the Coast Guard estimates
that it may take up to 48 hours from arrival at Delaware Bay Pilot's
Station until complete mooring at Greenwich Terminal.
Dated: March 20, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-06396 Filed 3-29-18; 8:45 am]
BILLING CODE 9110-04-P