[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Rules and Regulations]
[Pages 2371-2375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00438]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 110 and 165

[Docket Number USCG-2013-1014]
RIN 1625-AA00


Anchorage Grounds and Safety Zone, Delaware River; Marcus Hook, 
PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary regulations in

[[Page 2372]]

support of the annual U.S. Army Corps of Engineers (USACE) dredging of 
Marcus Hook Range in the Delaware River. Anchorage restrictions and a 
safety zone affecting the Marcus Hook area of the Delaware River are in 
place every year from September 1 through December 31. The dredging 
operations taking place this year require the regulations to remain in 
place through February 28, 2014. This final rule establishes temporary 
regulations to extend the time that those regulations are in place.

DATES: This rule is effective without actual notice from January 14, 
2014 until February 28, 2014. For the purposes of enforcement, actual 
notice will be used from the date the rule was signed, December 30, 
2013, until January 14, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
number [USCG-2013-1014]. 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 Cheryl Collins, 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 unnecessary. 
Immediate action is necessary to provide for the safety of life and 
property in the navigable water. Publishing an NPRM is impracticable 
because the final details for the dredging operation were not received 
by the Coast Guard until December 2, 2013 and there was insufficient 
time to allow for a comment period. Publishing an NPRM is unnecessary 
because very few members of the public will be affected by the 
regulations established by this Final Rule. The regulations being 
created are temporary and will only impact a small number of vessels in 
a limited geographic area. Failure to establish these regulations may 
present hazards to sessels transiting or attempting to transit Marcus 
Hook Range and the adjacent anchorage during pipe-laying or dredging 
operations. 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 for the same 
reasons described in the previous paragraph that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register.

B. Basis and Purpose

    On July 15, 2005, the Coast Guard published a final rule entitled 
``Anchorage Grounds and Safety Zone; Delaware River'' in the Federal 
Register (70 FR 40885). This rule established regulations for the 
annual dredging operations that take place in the Marcus Hook Range 
from September 1 through December 31. To reduce the hazards associated 
with the dredging operations, vessel traffic that normally transits 
through the Marcus Hook Range is diverted through part of Anchorage 7 
during dredging operations. As a result, the rule places additional 
requirements and restrictions on the use of Anchorage 7 and Anchorage 
6. In addition, a permanent safety zone was placed in waters within a 
150 yard radius around vessels engaged in dredging operations. Norfolk 
Dredging Company has been hired by the Army Corps of Engineers to 
conduct the annual dredging in Marcus Hook Range. This year, dredging 
operations began on December 10, 2013, which is later in the year than 
previous dredging operations. This has made it necessary to extend the 
effective period of the existing regulations to ensure the safety of 
mariners transiting the area from the potential hazards associated with 
pipe laying and dredging operations.

C. Discussion of the Temporary Final Rule

    The Captain of the Port Sector Delaware Bay is extending the 
effective period of the regulations found in 33 CFR 165.555 and 33 CFR 
110.157 for the duration of the dredging operation in Marcus Hook 
Range. These regulations will be in effect until February 28, 2014, 
unless cancelled earlier by the Captain of the Port. The safety zone 
being established will include waters within a 150 yard radius of the 
dredge performing the dredging operations. Vessels transiting the 
Marcus Hook Range will have to divert from the main ship channel 
through Anchorage 7 and must operate at the minimum safe speed 
necessary to maintain steerage and reduce wake. 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. Certain requirements will also be in place for vessels 
using the affected anchorages. During the effective period, vessels 
desiring to use Marcus Hook Anchorage (Anchorage 7), must obtain 
permission from the Captain of the Port Sector Delaware Bay at least 24 
hours in advance. The Captain of the Port will permit only one vessel 
at a time to anchor in Anchorage 7 and will grant permission on a 
``first come, first served'' basis. That vessel will be directed to a 
location within Anchorage 7 where it may anchor for a period not to 
exceed 12 hours. Vessels normally permitted to anchor in Anchorage 7 
will be expected to use the next closest anchorage grounds, Anchorage 6 
off Deepwater Point or Anchorage 9 near the entrance to Mantua Creek. 
To control access to Anchorages 6 and 9, the Coast Guard requires that 
any vessel 700 feet or greater in length to obtain advance notice from 
the Captain of the Port before anchoring. Any vessel 700 to 750 feet in 
length is required to have one tug standing alongside while at anchor 
and any vessel over 750 feet in length will require two tugs standing 
alongside. Any tug being utilized for this purpose must have sufficient 
horsepower to assist with necessary maneuvers to keep the vessel clear 
of the navigational channel. The Captain of the Port, Sector Delaware 
Bay, or her on-scene representative may be contacted via VHF channel 
16.

[[Page 2373]]

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.
    The Coast Guard does not anticipate any significant economic impact 
because the safety zone will be enforced in an area and in a manner 
that does not conflict with transiting commercial and recreational 
traffic since vessels will be able to pass through Anchorage 7. During 
the enforcement period, vessels may request permission to transit 
through the safety zone. Permission may be granted by the Captain of 
the Port on a case-by-case basis. The operator of any vessel in the 
safety zone shall proceed as directed by the designated representative 
of the Captain of the Port and shall contact the Dredge ESSEX on VHF 
channel 13 or 16 at least 30 minutes prior to arrival for passing 
information.
    Although this regulation requires certain vessels to have one or 
two tugs alongside while at anchor, the requirement only applies to 
vessels 700 feet or greater in length that choose to anchor in 
Anchorages 6 and 9. Alternate anchorage grounds such as Anchorage A off 
the entrance to the Mispillion River and Anchorage 1 (Bombay Hook) off 
Bombay Hook Point in Delaware Bay, are reasonably close and generally 
available.

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 Anchorage 7 from January 1, 2014 
until February 28, 2014 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

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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 anchorages and safety zones on the 
navigable waters of the United States under 33 CFR Parts 110 and 165. 
This zone will temporarily restrict vessel traffic from transiting 
through a portion of Marcus Hook Range 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 paragraphs 34(f) and 34(g) of Figure 
2-1 of the Commandant Instruction. A checklist and categorical 
exclusion determination are available in the docket. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

List of Subjects

33 CFR Part 110

    Anchorage Grounds.

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 110 and 165 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471; 1221 through 1236, 2030, 2035, and 
2071; Department of Homeland Security Delegation No. 0170.1 and 33 
CFR 1.05-1(g).


0
2. Add temporary paragraph (b)(12) to Sec.  110.157 to read as follows:


Sec.  110.157  Delaware Bay and River.

* * * * *
    (b) * * *
    (12) From January 1, 2014 until February 28, 2014, additional 
requirements and restrictions in this paragraph for the use of 
anchorages defined in paragraphs (a)(7), (a)(8), and (a)(10) of this 
section apply.
    (i) Before anchoring in Anchorage 7 off Marcus Hook, as described 
in paragraph (a)(8) of this section, a vessel must first obtain 
permission from the Captain of the Port, Philadelphia, at least 24 
hours in advance of arrival. Permission to anchor will be granted on a 
``first-come, first-served'' basis. The Fifth Coast Guard District 
Commander will allow only one vessel at a time to be at anchor in 
Anchorage 7, and no vessel may remain within Anchorage 7 for more than 
12 hours. Any vessel arriving from or departing to sea that requires an 
examination by the public health service, customs or immigration 
authorities will be directed to an anchorage for the required 
inspection by the Captain of the Port on a case-by-case basis.
    (ii) For Anchorage 6 off Deepwater Point, as described in paragraph 
(a)(7) of this section, and Anchorage 9 as described in paragraph 
(a)(10) of this section.
    (A) Any vessel 700 feet or greater in length requesting anchorage 
shall obtain permission from the Captain of the Port, Philadelphia, 
Pennsylvania, at least 24 hours in advance.
    (B) Any vessel from 700 to 750 feet in length shall have one tug 
alongside at all times while the vessel is at anchor.
    (C) Any vessel greater than 750 feet in length shall have two tugs 
alongside at all times while the vessel is at anchor.
    (D) The Master, owner or operator of a vessel at anchor shall 
ensure that any tug required by this section is of sufficient 
horsepower to assist with necessary maneuvers to keep the vessel clear 
of the navigation channel.
    (iii) As used in this section, Captain of the Port means the 
Commander 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 his behalf. The Captain of the Port may be contacted by 
telephone at (215) 271-4807 or via VHF marine band radio, channel 16.
* * * * *

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. 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
4. Add temporary Sec.  165.T05-1014, to read as follows:


Sec.  165.T05-1014  Safety Zone, Delaware River.

    (a) Regulated Area. The following area is a safety zone: All waters 
located within a 150 yard radius around the dredging operation and 
barge, conducting dredging operations in or near the vicinity of 
Anchorage 7.
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this section, Sec.  
165.T05-1014.
    (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 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.
    (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 or VHF channel 16. Vessels 
should contact the Dredge ESSEX on VHF channel 13 or 16 at least 30 
minutes prior to arrival for passing information.
    (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

[[Page 2375]]

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 from January 
1, 2014 until February 28, 2014 unless cancelled earlier by the Captain 
of the Port.

    Dated: December 30, 2013.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2014-00438 Filed 1-13-14; 8:45 am]
BILLING CODE 9110-04-P