[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Rules and Regulations]
[Pages 11099-11101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03555]


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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 extending a temporary safety zone 
around the southern one-third of Anchorage 9 (Mantua Creek 
Anchorage), below position 39[deg] 51.573 N-075[deg] 13.557 W 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 on February 15, 2013 until March 1, 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-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 
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 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 an NPRM with respect to this rule 
because final details for this dredging operation were not provided 
until January 24, 2013. Initially, the Coast Guard was advised by 
Dredge Florida that the operations would be complete on January 31, 
2013, which is reflected in the rule published in 78 FR 3326. However, 
on January 24, 2013, the Coast Guard was notified by Dredge Florida 
that mechanical failures would delay the completion of the dredging 
operations until on or around March 1, 2013. As such, it is 
impracticable to provide a full comment period due to lack of time. 
Further, immediate action is necessary to protect the maritime public 
and facilitate the dredging operation, and therefore a delay in 
continuing this safety zone would be impracticable. The dredging began 
on December 20th, 2012, and will continue until March 1, 2013 unless 
completed earlier.

[[Page 11100]]

    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 as any delay encountered in 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 deepening 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, vessels are not permitted to 
anchor in the southern one-third of the anchorage. This regulation 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 March 1, 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 
continuing a safety zone closing the southern one-third of the Mantua 
Creek Anchorage from February 1, 2013, until March 1, 2013, unless 
cancelled earlier by the Captain of the Port. 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 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; (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 February 
1, 2013, until March 1, 2013, or 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 
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.

[[Page 11101]]

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. 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. Revise paragraph (a) of 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.

* * * * *
    (a) Enforcement period. This rule is enforced December 20, 2012, 
until March 1, 2013, unless cancelled earlier by the Captain of the 
Port.
* * * * *

    Dated: February 1, 2013.
T. C. Wiemers,
Captain, U.S. Coast Guard, Alternate Captain of the Port Delaware Bay.
[FR Doc. 2013-03555 Filed 2-14-13; 8:45 am]
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