[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60057-60059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23663]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules 
and Regulations  

[[Page 60057]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 165

[Docket Number USCG-2014-0883]
RIN 1625-AA00


Safety Zone, Delaware River; Delaware City, DE

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
closing Pea Patch Island Anchorage No. 5 and the upper portion of Reedy 
Point South Anchorage No. 3 to anchoring operations in order to 
facilitate dredging in New Castle Range in the Delaware River. This 
regulation is necessary to provide for the safety of life on the 
navigable waters of Pea Patch Island and Reedy Point South Anchorages. 
These closures are intended to restrict vessel anchoring to protect 
mariners from the hazards associated with ongoing pipe-laying and 
dredging operations.

DATES: This rule is effective without actual notice from October 6, 
2014 until November 15, 2014, unless cancelled earlier by the Captain 
of the Port. For the purposes of enforcement, actual notice will be 
used from October 1, 2014, until October 6, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0883]. 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 Brennan Dougherty, U.S. Coast Guard, Sector Delaware 
Bay, Chief 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 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 because immediate 
action is necessary to protect the maritime public. Publishing an NPRM 
is impracticable given that the final details for the dredging 
operation were not received by the Coast Guard until September 17, 
2014. Vessels attempting to anchor in either Pea Patch Island or the 
upper portion of Reedy Point South Anchorages 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 as any delay encountered in this 
regulation's effective date would be contrary to public interest 
because immediate action is needed to provide for the safety of life 
and property from the hazards associated with pipe-laying and dredging 
operations.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 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; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    Norfolk Dredging Company has been contracted by the Army Corps of 
Engineers (ACOE) to conduct maintenance dredging in the Delaware River 
within New Castle Range in order to maintain channel depth. This 
project requires the placement of floating and submerged pipeline, 
along with placement of an anchor barge, within Pea Patch Island 
Anchorage No. 5. Due to the presence of the pipeline, vessels are not 
permitted to anchor within Pea Patch Island Anchorage for the duration 
of the dredging project. In addition, as the dredging project proceeds 
south and approaches the entrance of the Chesapeake and Delaware (C & 
D) Canal, vessels heading north through the Delaware River with intent 
to transit the Canal will be re-directed through the upper portion of 
Reedy Point South Anchorage No. 3. As a result this upper portion of 
Anchorage No. 3 will be closed for anchoring purposes during this time. 
Notice of the closure will be broadcast by a Local Notice to Mariners 
and a Broadcast Notice to Mariners at the appropriate time. The Captain 
of the Port will reopen both anchorages once all submerged pipeline has 
been recovered and dredging operations are complete. At such time, 
notice that the temporary closure of the anchorages is no longer in 
effect will be broadcast to mariners on VHF channel 16. 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 Temporary Final Rule

    The Coast Guard Captain of the Port is temporarily establishing a 
safety zone

[[Page 60058]]

closing Pea Patch Island Anchorage No. 5 and the upper portion of Reedy 
Point South Anchorage No. 3 to anchoring operations from October 1, 
2014 to November 15, 2014, unless cancelled earlier by the Captain of 
the Port once operations are complete. The safety zone will include all 
waters within the boundaries of Pea Patch Island Anchorage No. 5 and 
all waters within a portion of Reedy Point South Anchorage No. 3 north 
of a line drawn between positions 39[deg]33'7.5'' N, 75[deg]33'2.0'' W 
and 39[deg]33'8.8'' N, 75[deg]32'31.8'' W, as charted on NOAA chart 
12311. Vessels will not be permitted to anchor within these areas of 
Anchorage No. 5 or Anchorage No. 3. The Captain of the Port or her 
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 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 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 Safety Zone to the maritime public via 
maritime advisories so mariners can alter their plans accordingly; (ii) 
vessels may still be permitted to transit through 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 until pipe-laying and dredging 
operations have been completed.

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. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to anchor in Pea Patch Island Anchorage No. 5 and the upper 
portion of Reedy Point South Anchorage No. 3, from October 1, 2014 to 
November 15, 2014, unless cancelled earlier by the Captain of the Port 
once all operations are completed.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: Vessel 
traffic will be allowed to pass through the safety zone with permission 
of the Captain of the Port or her designated representative, and the 
safety zone is limited in size. Sector Delaware Bay will issue maritime 
advisories widely available to users of the Delaware River.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 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,

[[Page 60059]]

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 safety zone will temporarily restrict vessel traffic from 
anchoring in Pea Patch Island Anchorage No. 5 and Reedy Point South 
Anchorage No. 3. 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. Amend Sec.  165.T05-0883, to read as follows:


Sec.  165.T05-0883  Safety Zone, Delaware River; Delaware City, DE

    (a) Regulated area. The safety zone will include all waters within 
the boundaries of Pea Patch Island Anchorage No. 5 and all waters 
within the upper portion of Reedy Point South Anchorage No. 3 north of 
a line drawn between positions 39[deg]33'7.5'' N, 75[deg]33'2.0'' W and 
39[deg]33'8.8'' N, 75[deg]32'31.8'' W, as charted on NOAA chart 12311.
    (b) Enforcement period. This section will be enforced from October 
1, 2014 to November 15, 2014, unless cancelled earlier by the Captain 
of the Port once all operations are completed.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23.
    (1) 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.
    (2) Vessels granted permission to transit must do so in accordance 
with the directions provided by the Captain of the Port or her 
designated representative to the vessel.
    (3) To seek permission to transit the Safety Zone, the Captain of 
the Port's representative can be contacted via marine radio VHF Channel 
16.
    (4) 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.
    (5) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (6) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (7) 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
    (8) 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.
    (d) Definitions. The 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 
her behalf.
    (e) 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: September 24, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-23663 Filed 10-3-14; 8:45 am]
BILLING CODE 9110-04-P