[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Rules and Regulations]
[Pages 11097-11099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03550]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0032]
RIN 1625-AA00


Artificial Island Anchorage No. 2 Partial Closure, Delaware 
River; Salem, 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 portion of Anchorage 2 (Artificial Island 
Anchorage) below position 39[deg]29'20'' N-075[deg]33'30'' W to 
position 39[deg]29'12.5'' N-075[deg]33'0'' W due to dredging 
operations. The hopper dredge STUYVESANT will be working in the area, 
and 4,000 feet of submerged pipe line will cross the closed portion of 
the anchorage. This regulation is necessary to provide for the safety 
of life on the navigable waters of the Artificial Island 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 on February 15, 2013 until June 15, 2013, 
unless cancelled earlier by the Captain of the Port. This rule has been 
enforced with actual notice from February 1, 2013, until February 15, 
2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0032. 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 Lieutenant Veronica Smith, Waterways Management Branch, 
Sector Delaware Bay, U.S. Coast Guard; telephone (215) 271-4851, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, 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 January 24, 2013. As such, it is 
impracticable to provide a full comment period due to lack of time. The 
dredging operation will begin on February 1, 2013 and will continue 
until June 15, 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 because immediate action is 
necessary to protect the maritime public and facilitate the dredging 
operation, and therefore a delay in enacting this safety zone would 
also be impracticable.

B. Basis and Purpose

    Dutra Dredging Company has been contracted by the Army Corps of 
Engineers on the Delaware River channel deepening project. A portion of 
this project requires the use of submerged and floating pipelines 
crossing the lower portion of the Artificial Island Anchorage (No. 2). 
Due to the presence of the submerged pipeline, vessels are not 
permitted to anchor in the southern portion of the anchorage. This 
regulation is necessary because there will be an ongoing dredging 
operation to deepen the Delaware River channel in the Reedy Island 
Range from February 1, 2013, until June 15, 2013. 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 Captain of the Port 
is establishing this safety zone 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 portion of Artificial 
Island Anchorage from February 1, 2013, until June 15, 2013, unless 
cancelled earlier by the Captain of the Port. The boundary line for the 
temporary safety zone includes the southern portion of Artificial 
Island Anchorage, below position 39[deg]29'20'' N -075[deg]33'30'' W to 
position 39[deg]29'12.5'' N -075[deg]33'0'' W and extending to the 
southern boundary according to NOAA chart 12311. Vessels will not be 
permitted to anchor in this portion of Artificial Island Anchorage.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking.

[[Page 11098]]

Below we summarize our analyses based on these statutes and 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 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, and 
(ii) 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 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. 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 southern portion of Artificial Island Anchorage from 
February 1, 2013, until June 15, 2013, unless cancelled earlier by the 
Captain of the Port.
    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. Vessels will be allowed utilize the upper portion of 
Artificial Island 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 
INTFORMATION 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

[[Page 11099]]

utilizing the southern portion of Artificial Island 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 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 165.T05-0032, to read as follows:


Sec.  165.T05-0032  Safety Zone Within the Lower Portion of Anchorage 
2, Artificial Island Anchorage; Salem, NJ.

    (a) Location. The southern portion of the Anchorage 2 
(Artificial Island Anchorage), below position 39[deg]29'20'' N -
075[deg]33'30'' W to position 39[deg]29'12.5'' N -075[deg]33'0'' W and 
extending to the southern boundary according to NOAA chart 12311.
    (b) Enforcement period. This section is enforced February 1, 2013, 
until June 15, 2013, unless cancelled earlier by the Captain of the 
Port.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23.
    (1) All persons and vessels utilizing the southern portion of the 
anchorage must be authorized by the Captain of the Port or her 
representative.
    (2) This section applies to all vessels wishing to anchor in the 
safety zone within Artificial Island Anchorage except vessels that are 
engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (3) No person may bring or cause to be brought into the safety zone 
any vehicle, vessel, or object unless authorized by the Captain of the 
Port.
    (4) No person or vessel may enter or remain in the safety zone 
without the permission of the Captain of the Port.
    (5) Each person and vessel in the safety zone shall obey any 
direction or order of the Captain of the Port.

    Dated: February 1, 2013.
T. C. Wiemers,
CAPT, U.S. Coast Guard, Alternate Captain of the Port Sector Delaware 
Bay.
[FR Doc. 2013-03550 Filed 2-14-13; 8:45 am]
BILLING CODE 9110-04-P