[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59821-59824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22761]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0827]
RIN 1625-AA00


Safety Zone, Delaware River; Wilmington, DE

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone during 
the dredging of Cherry Island Range Deepwater Point Anchorage No. 6 in 
the Delaware River. Norfolk

[[Page 59822]]

Construction and the Dredge ESSEX have been contracted by the Army 
Corps of Engineers for maintenance dredging of a portion of the 
Delaware River. Submerged pipeline will be present in the northern half 
of Deepwater Anchorage No. 6 to facilitate the project.
    This regulation is necessary to provide for the safety of life on 
the navigable waters of the Delaware River. This safety zone is 
intended to restrict vessel traffic movement to protect mariners from 
the hazards associated with the presence of the submerged pipeline in 
the anchorage.

DATES: This rule is effective as to persons with actual notice from 5 
a.m. on September 10, 2013, until 11 p.m. on October 15, 2013. In 
compliance with 5 U.S.C. 552(a)(1), this rule is effective without 
actual notice from the date it is published in the Federal Register, 
September 30, 2013, until 11 p.m. on October 15, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0827]. 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, Chief Waterways Management, 
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 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 it is impracticable and contrary to 
the public interest. Immediate action is necessary to provide for the 
safety of life and property in the navigable water. Publishing an NPRM 
is impracticable given that the final details for this event were not 
received by the Coast Guard until August 28, 2013. Vessels transiting 
or attempting to transit the northern half of Deepwater Point Anchorage 
No. 6 during pipe-laying or dredging operations may be at risk. 
Delaying this rule to wait for a notice and comment period to run would 
be contrary to the public interest as it would inhibit the Coast 
Guard's ability to protect the public from the hazards associated with 
pipe-laying and dredging 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. Any delay encountered in this 
regulation's effective date would be contrary to the public interest 
because immediate action is needed to provide for the safety of life 
and property from the hazards associated with pipe-laying operations.

B. Basis and Purpose

    The Army Corps of Engineers has hired Norfolk Dredging Company to 
conduct maintenance dredging in the Delaware River main channel. 
Norfolk Dredging Company will be placing submerged pipeline in the 
northern half of Deepwater Point Anchorage with the Dredge Essex to 
facilitate this project. This regulation is necessary because there 
will be pipe-laying and dredging operations conducted in the anchorage 
and navigable channel. The purpose of the rule is to protect mariners 
and spectators in the area from the potential hazards associated with 
pipe-laying and dredging operations. 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

    To mitigate the risks associated with the pipe-laying and dredging 
operations, the Captain of the Port, Sector Delaware Bay will enforce a 
safety zone while submerged pipeline is present through the duration of 
the dredging operations in Cherry Island Range. The safety zone will 
encompass all waters of Deepwater Anchorage No. 6, Delaware River, 
Wilmington, DE from the northeast corner of the anchorage at position 
39[deg]42.675' N, 075[deg]29.872' W to the northwest corner of 
Anchorage No. 6, next to the channel at position 39[deg]42.842' N, 
075[deg]30.386' W, south along the eastern channel boundary to position 
39[deg]42.214' N, 075[deg]30.619' W, east to position 39[deg]42.223' N, 
075[deg]30.287' W, then north to the first position. The safety zone 
will be in effect for an estimated 36 day period from September 10, 
2013, from 5:00 a.m. until October 15, 2013 at 11:00 p.m. unless 
cancelled earlier by the Captain of the Port. Entry into, transiting, 
or anchoring within the safety zone is prohibited unless authorized by 
the Captain of the Port, Sector Delaware Bay, or her on-scene 
representative. The Captain of the Port, Sector Delaware Bay, or her 
on-scene representative may be contacted via VHF channel 16.

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 vessel traffic from 
operating within the safety zone on the navigable waters of Deepwater 
Point Anchorage No. 6, Delaware River, Wilmington, DE, the effect of 
this regulation will not be significant due to the limited duration of 
the safety zone and the availability of other nearby anchorages. The 
safety zone will be enforced in an area and in a manner that does 
conflict with transiting commercial and recreational traffic. The Coast 
Guard does not anticipate any significant economic impact because the 
safety zone will only be enforced in the upper half of the anchorage 
for a limited period of time. Furthermore, during the enforcement 
period, vessels may request permission to transit through the safety 
zone; permission may be granted by the on-

[[Page 59823]]

scene Coast Guard vessel on a case-by-case basis.

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.
    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:
    (1) This rule will affect the following entities, some of which 
might be small entities: the owners or operators of vessels intending 
to operate, transit, or anchor in a portion of Deepwater Point 
Anchorage No. 6 from September 10, 2013 until October 15, 2013 unless 
cancelled earlier by the Captain of the Port.
    (2) This safety zone will not have a significant economic impact on 
a substantial number of small entities for the following reasons: this 
rule will only be enforced for a short period of time. In the event 
that this temporary safety zone affects shipping, commercial vessels 
may request permission from the Captain of the Port, Sector Delaware 
Bay, to transit through the safety zone. Before activation of the zone, 
we will give notice to the public via a Broadcast Notice to Mariners 
that the regulation is in effect.

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 vessel traffic from transiting 
through Deepwater Point Anchorage No. 6 in order to protect the safety 
of life and property on the waters while submerged dredge pipe-laying 
and 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


[[Page 59824]]


    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.T05-0827, to read as follows:


Sec.  165.T05-0827  Safety Zone, Submerged Dredge Pipeline and 
Dredging, Deepwater Point Anchorage No. 6; Delaware River, Wilmington, 
DE.

    (a) Regulated Area. The following area is a safety zone: The safety 
zone will encompass all waters of Deepwater Anchorage No. 6, Delaware 
River, Wilmington, DE from the northeast corner of the anchorage at 
position 39[deg]42.675' N, 075[deg]29.872' W to the northwest corner of 
Anchorage No. 6, next to the channel at position 39[deg]42.842'N, 
075[deg]30.386' W, south along the eastern channel boundary to position 
39[deg]42.214' N, 075[deg]30.619' W, east to position 39[deg]42.223' N, 
075[deg]30.287' W, then north to the first position.
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this section Sec.  
165.T05-0827.
    (1) All persons and vessels are prohibited from entering this zone, 
except as authorized by the Coast Guard Captain of the Port or her 
designated representative.
    (2) All persons or vessels wishing to transit through the Safety 
Zone must request authorization to do so from the Captain of the Port 
or her designated representative aboard the on-scene Coast Guard vessel 
one hour prior to the intended time of transit.
    (3) Vessels granted permission to transit through the Safety Zone 
must do so in accordance with the directions provided by the Captain of 
the Port or her designated representative to the vessel.
    (4) To seek permission to transit this safety zone, the Captain of 
the Port or her designated representative can be contacted via Sector 
Delaware Bay Command Center (215) 271-4940.
    (5) This section applies to all vessels wishing to transit through 
the safety zone 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 or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (7) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (8) No person may board, or take or place any article or thing on 
board, any vessel in a safety zone without the permission of the 
Captain of the Port; and
    (9) No person may take or place any article or thing upon any 
waterfront facility in a safety zone without the permission of the 
Captain of the Port.
    (c) Definitions.
    (1) Captain of the Port means the Commander, Coast Guard 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) Designated representative means any Coast Guard commissioned, 
warrant or petty officer who has been authorized by the Captain of the 
Port Delaware Bay to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal, 
State, and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This section will be enforced for a 36 day 
period from September 10, 2013, at 5:00 a.m. until October 15, 2013 at 
11:00 p.m. unless cancelled earlier by the Captain of the Port.

    Dated: September 6, 2013.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Alternate Captain of the Port, Delaware Bay.
[FR Doc. 2013-22761 Filed 9-27-13; 8:45 am]
BILLING CODE 9110-04-P