[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Rules and Regulations]
[Pages 3326-3328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00845]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1092]
RIN 1625-AA00


Safety Zone Within the Lower Portion of Anchorage 9, 
Mantua Creek Anchorage; Paulsboro, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will be establishing a temporary safety zone 
around the southern one-third of Anchorage 9 (Mantua Creek 
Anchorage) due to dredging operations. The Dredge Florida will be 
working along with several support barges and tugs to install 
approximately 8,000 feet of submerged pipeline and approximately 3,000 
feet of floating pipeline crossing through this portion of the 
anchorage. This regulation is necessary to provide for the safety of 
life on the navigable waters of the Mantua Creek Anchorage. This 
closure is intended to restrict vessel anchoring to protect mariners 
from the hazards associated with an ongoing dredging operation.

DATES: This rule is effective with actual notice from December 20, 2012 
until January 16, 2013. This rule is effective in the Federal Register 
from January 16, 2013 until January 31, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-1092]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email If you have questions on this temporary rule, call or 
email Lieutenant Veronica Smith, U.S. Coast Guard, Sector Delaware Bay, 
Acting Chief of Waterways Management Division, Coast Guard; telephone 
215-271-4851, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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 final details for this dredging 
operation were not provided until it was too late to solicit public 
comment. As such, it is impracticable to provide a fill comment period 
due to lack of time. The dredging will begin on December 20th, 2012 and 
will continue until January 31, 2013 unless completed earlier.
    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 for the reasons cited above. 
Delaying this regulation's effective date would be impracticable 
because immediate action is needed to provide for the safety of life 
and property from the hazards associated with the dredging operation.

B. Basis and Purpose

    The Great Lakes Dredging Company has been working with the Army 
Corps of Engineers on the Delaware River channel widening project. A 
portion of this project requires the use of submerged and floating 
pipelines crossing the lower portion of the Mantua Creek Anchorage. Due 
to the presence of the submerged pipeline, it is dangerous for vessels 
to anchor in the southern one-third of the anchorage. A safety zone is 
necessary because there will be an ongoing dredging operation to deepen 
the Delaware River channel in the Mifflin and Billingsport Ranges from 
December 20, 2012 until January 31, 2013. The Captain of the Port 
believes a safety zone is needed to ensure the safety of life and 
property of all mariners and vessels transiting the local area.

C. Discussion of the Final Rule

    The Coast Guard Captain of the Port Delaware Bay is temporarily 
establishing a safety zone closing the southern one-third of the Mantua 
Creek Anchorage from on December 20, 2012 until January 31, 2013. This 
rule will be enforced until all dredging operations are competed, 
unless enforcement of the zones is cancelled earlier by the Captain of 
the Port. The Captain of the Port will reopen this portion of the 
anchorage once all submerged pipeline has been recovered and dredging 
operations are completed. At such time, notice that the temporary 
closure of the anchorage is no longer in effect will be broadcast to 
mariners.
    The boundary line for the temporary safety zone includes the 
southern one-third portion of Mantua Creek Anchorage, beginning at 
position 39[deg] 51.573 N-075[deg] 13.557 W and extending to the 
southern boundary according to NOAA chart 12312. Vessels will not be 
permitted to anchor in this portion of Mantua Creek Anchorage unless 
they receive authorization from the Captain of the Port Delaware Bay or 
her representative. Such requests must be made 24 hours prior to the 
intended use of the Mantua Creek Anchorage. Vessels may contact the 
Captain of the Port Delaware Bay or her representative in order to 
obtain authorization by contacting Coast Guard Sector Delaware Bay at: 
(215) 271-4940. After evaluating the current conditions and status of 
dredging operation, the Captain of the Port Delaware Bay or her 
representative will notify the requesting vessel whether they are 
authorized to anchor in the safety zone within Mantua Creek Anchorage, 
and will provide any other directions for their request.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving

[[Page 3327]]

Regulation and Regulatory Review, and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of Executive Order 
12866 or under section 1 of Executive Order 13563. The Office of 
Management and Budget has not reviewed it under those Orders. Although 
this regulation will restrict access to the regulated area, the effect 
of this rule will not be significant because: (i) The Coast Guard will 
make extensive notification of the closure to the maritime public via 
maritime advisories so mariners can alter their plans accordingly; (ii) 
vessels may still be permitted to anchor in the safety zone with the 
permission of the Captain of the Port on a case-by-case basis; and 
(iii) this rule will be enforced for only the duration of dredging 
operations.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 the vessels intending to 
anchor in the safety zone within Mantua Creek Anchorage from December 
20, 2012 until January 31, 2012 or until all dredging operations are 
completed, unless cancelled earlier by the Captain of the Port.
    This closure will not have a significant economic impact on a 
substantial number of small entities for the following reason: Vessels 
will be allowed utilize the upper two-thirds of the Mantua Creek 
Anchorage, and nearby anchorages with permission of the Coast Guard 
Captain of the Port Delaware Bay or her representative. Sector Delaware 
Bay will issue maritime advisories widely accessible to users of the 
Anchorage informing them of the safety zone.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

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

9. 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.

10. 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.

11. 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 responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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 implementation of regulations within 33 
CFR Part 165, applicable to safety zones on the navigable waterways. 
This zone will temporarily restrict vessels from utilizing the southern 
one-third of Mantua Creek Anchorage in order to protect the safety of 
life and property on the waters while dredging operations are 
conducted. This rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An

[[Page 3328]]

environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

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


0
2. Add Sec.  165.T05-1092, to read as follows:


Sec.  165.T05-1092  Safety Zone Within the Lower Portion of Anchorage 
9, Mantua Creek Anchorage; Paulsboro, NJ.

    Location: The southern one-third of the Anchorage 9 
(Mantua Creek Anchorage), below position 39[deg] 51.573 N--075[deg] 
13.557 W.
    (a) Enforcement period: This rule will be enforced from December 
20, 2012 until January 31, 2013, unless cancelled earlier by the 
Captain of the Port.
    (b) Regulations: All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) All persons and vessels utilizing the southern one-third 
portion of the anchorage must be authorized by the Captain of the Port 
or her representative.
    (2) All persons or vessels wishing to anchor within the safety zone 
must request authorization to do so from the Captain of the Port or her 
representative 24 hours prior to the intended time of transit.
    (3) Vessels granted permission to anchor must do so in accordance 
with the directions provided by the Captain of the Port or her 
representative to the vessel.
    (4) To seek permission to anchor in the safety zone, the Captain of 
the Port or her representative can be contacted via Sector Delaware Bay 
Command Center (215) 271-4940.
    (5) This section applies to all vessels wishing to anchor in the 
safety zone within Mantua Creek Anchorage except vessels that are 
engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation, and
    (iii) Emergency response vessels.
    (6) No person may enter a safety zone unless authorized by the COTP 
or the District Commander;
    (7) No person may bring or cause to be brought into a safety zone 
any vehicle, vessel, or object unless authorized by the COTP or the 
District Commander;
    (8) 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; and
    (9) 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.
    (c) Definitions.
    (1) 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.
    (2) [Reserved]
    (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.

    Dated: December 20, 2012.
T.C. Wiemers,
Captain, U.S. Coast Guard, Alternate Captain of the Port Delaware Bay.
[FR Doc. 2013-00845 Filed 1-15-13; 8:45 am]
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