[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Rules and Regulations]
[Pages 11961-11963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4973]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0127]
RIN 1625-AA00


Safety Zone, Dredging Operations; Delaware River, Marcus Hook, 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 
waters of the Delaware River while the Dredge Pullen conducts dredging 
operations at the Sunoco Marcus Hook docks in the vicinity of the 
Marcus Hook Range near Marcus Hook, PA. This action is necessary to 
maintain the 42 ft. berth draft in this portion of the Delaware River. 
The dredging action will facilitate commerce and safe navigation within 
the Port of Philadelphia, PA.

DATES: This rule is effective from 8 a.m. on March 3, 2011 through 10 
p.m. on March 14, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0127 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0127 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 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 
temporary rule, call or e-mail Lieutenant Corrina Ott Coast Guard; 
telephone 215-271-4902, e-mail [email protected]. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this temporary 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 delaying the effective date is 
contrary to the public interest because the transport of fuel oils is 
currently hindered by the reduction in vessel draft for that area. In 
addition, the dredging operations are necessary for the facilitation of 
safe navigation within the Delaware River.
    For the same reasons, 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.

Basis and Purpose

    The dredging described above is necessary for the continuation of 
safe navigation of deep draft vessels on this part of the Delaware 
River. This safety zone is necessary to protect mariners and members of 
the public from the hazards associated with dredging.

Background

    On March 3, the Dredge Pullen will begin dredging in the vicinity 
of Sunoco Marcus Hook for maintenance of the facility berth. Current 
berth draft does not allow for deep draft vessels to safely deliver and 
transport cargo through the regulated portion of the Delaware River. 
Dredging will maintain and ensure a depth of 42 ft. through this 
portion of the Delaware River. This safety zone will allow dredging 
operations to ensure the 42 ft. draft of this portion of the Delaware 
River. Such operations will facilitate the movement of commerce by 
allowing the dredging to maintain the berth's 42 foot depth, allowing 
for deep

[[Page 11962]]

draft vessels to safely deliver and transport cargo through the Port of 
Philadelphia.

Discussion of Rule

    The Coast Guard Captain of the Port Delaware Bay is establishing a 
temporary safety zone from 8 a.m. on March 3, 2011 to 10 p.m. on March 
14, 2011. The boundary line for the temporary safety zone starts at 
position 39 48'44.51'' N, 75 24'38.76'' W then East to position 39 
48'29.33'' N, 75 24'27.88'' W, then South to 39 48'16.74'' N, 75 
24'54.20'' W, then West to the shoreline in the vicinity of Sunoco 
Marcus Hook, in Marcus Hook, PA. Vessels will be allowed to transit 
adjacent to the safety zone through Anchorage 7; additionally, 
vessels wishing to anchor in Anchorage 7 will be allowed to do 
so in the upper end on a first come, first served basis for an 
anchorage period not to exceed 24 hours. Vessels should contact Sector 
Delaware Bay at 215-271-4807 to make advanced arrangements for such 
anchorage at Anchorage 7.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. Although this regulation will prevent 
traffic from transiting a portion of the Delaware River during the 
dredging operations, the effect of this regulation will not be 
significant due to the limited effective period of approximately 12 
days. Advanced maritime advisories will be issued by the Coast Guard 
for users of the Delaware River. The regulated area has been narrowly 
tailored to impose the least impact on general navigation yet provide 
the level of safety deemed necessary. And, vessel traffic will be able 
to transit safety through the Delaware River, through the lower end of 
Anchorage 7, adjacent to the regulated area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 transit 
or anchor in a portion of the Delaware River from March 3, 2011 to 
March 14, 2011. Although this regulation prevents traffic from 
transiting a portion of the Delaware River, this rule will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This rule would be in effect for only a 
limited period. Vessel traffic will be diverted through the lower end 
of Anchorage 7 to allow vessel traffic to transit safely 
around the affected area of the Delaware River thereby ensuring 
continued traffic on the Delaware River; additionally, vessels traffic 
will be allowed to anchor at the upper end of Anchorage 7. All 
Coast Guard vessels enforcing this regulated area can be contacted on 
marine band radio VHF-FM Channel 16 (156.8 MHz) and at 215-271-4807. 
Before the effective period, we will issue maritime advisories widely 
available to users of the river.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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.

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

[[Page 11963]]

responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g), of the Instruction. This rule involves implementation of 
regulations within 33 CFR part 165, applicable to safety zones on the 
navigable waterways. This zone will allow for maintenance dredging and 
debris disposal where no new depths are required, applicable permits 
have been secured, and disposal will be at an existing approved 
disposal site. An environmental analysis checklist and a categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

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. 1226, 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, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T05-0127, to read as follows


Sec.  165.T05-0127   Safety Zone; Delaware River, Marcus Hook, PA

    (a) Location. The boundary line for the temporary safety zone 
starts at position 39 48'44.51'' N, 75 24'38.76'' W then East to 
position 39 48'29.33'' N, 75 24'27.88'' W, then South to 39 48'16.74'' 
N, 75 24'54.20'' W, then West to the shoreline in the vicinity of 
Sunoco Marcus Hook, in Marcus Hook, PA. All coordinates reference 
Datum, NAD 1983.
    (b) Effective period. This rule is effective from 8 a.m. on March 
3, 2011 through 10 p.m. on March 14, 2011.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) No person may enter a safety zone unless authorized by the COTP 
or the District Commander,
    (2) No person may bring or cause to be brought into a safety zone 
any vehicle, vessel, or object unless authorized by the COTP or 
District Commander,
    (3) No person may remain in a safety zone or allow any vehicle, 
vessel, or object to remain in a safety zone unless authorized by the 
COTP or the District Commander,
    (4) Each person in a safety zone who has notice of a lawful order 
or direction shall obey the order or direction of the COTP or District 
Commander issued to carry out the purposes of this subpart.
    (d) Definitions. The Captain of the Port means the Commanding 
Officer 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.

    Dated: February 28, 2011.
Meredith L. Austin,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2011-4973 Filed 3-3-11; 8:45 am]
BILLING CODE 9110-04-P