[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Proposed Rules]
[Pages 59945-59947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20868]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0715]
RIN 1625-AA00


Safety Zone; Blasting, Delaware River

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of the Tinicum Range, Eddystone Range, Chester Range, and 
Marcus Hook Range, in the Delaware River from December 1, 2016 to March 
15, 2016. The safety zone would temporarily restrict vessel traffic 
from transiting or anchoring in a portion of the Delaware River while 
rock blasting, dredging, and rock removal operations are being 
conducted to facilitate the Delaware River Main Channel Deepening 
project for the main navigational channel of the Delaware River. This 
action is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by rock blasting, dredging, 
and rock removal operations. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 30, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0715 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email MST1 Thomas Simkins, Sector Delaware Bay 
Waterways Management Division, U.S. Coast Guard; telephone 215-271-
4889, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    The Army Corps of Engineers (ACOE) is sponsoring a project, termed 
``The Deepening,'' in which dredging operations are taking place in the 
Delaware River and Bay navigational channel deepening the channel to 45 
feet. The project goal is to maintain a minimum depth of 45 feet to 
accommodate larger vessel traffic entering the Sector Delaware Bay 
Zone. The upcoming portion of the project requires the deepening of the 
Delaware River from Tiniucm Range, south, through Marcus Hook Rang, in 
which the topography consist of mostly rock bottom. To satisfy the 
minimum project depth of 45 feet the ACOE has hired Great Lakes 
Dredging Company to perform rock blasting operations, dredging, and 
removal of rock in Tinicum Range, Eddystone Range, Chester Range, and 
Marcus Hook Range, in the Delaware River from December 1, 2016, to 
March 15, 2017. The Captain of the Port, Delaware Bay, has determined 
that potential hazards associated with rock blasting, dredging, and 
rock removal operations, will be a safety concern for anyone within 500 
yards of rock blasting, dredging, and rock removal operations. This 
proposed rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the operational area.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 500-yard radius of rock blasting, 
dredging, and rock removal operations. The Coast Guard proposes this 
rulemaking under authority in 33 U.S.C. 1231; 33 CFR 1.05-1 and 160.5; 
and Department of Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    This proposed rule would establish a safety zone from December 1, 
2016, through March 15, 2017. The safety zone would cover all navigable 
waters in the Delaware River within 500 yards of vessels and machinery 
being used by personnel to conduct rock blasting, dredging, and rock 
removal. The duration of the zone is intended to protect personnel, 
vessels, and the marine environment in these navigable waters while 
operations are being conducted.
    For the duration of the project, in the vicinity of the rock 
blasting, rock removal, and dredging operation, one side of the main 
navigational channel will be closed due to the drill boat APACHE being 
unable to relocate for vessel traffic while conducting rock blasting 
and removal operations. Additionally there is a potential for blasted 
rock to be within the navigational channel causing a navigational 
safety hazard for vessels transiting the safety zone. Vessels wishing 
to transit the safety zone in the main navigational channel may do so 
if they can make satisfactory passing arrangements with drill boat 
APACHE, dredge TEXAS, or dredge NEW YORK in accordance with the 
navigational rules in 33 CFR subchapter E via VHF-FM channel 13 at 
least 30 minutes prior to arrival. If vessels are unable to make 
satisfactory passing arrangements with the drill boat APACHE, dredge 
TEXAS, or dredge NEW YORK they may request permission from the Captain 
of the Port, or his designated representative, on VHF-FM channel 16. 
All vessels must operate at the minimum safe speed necessary to 
maintain steerage and reduce wake.
    No vessels may transit through the safety zone during times of 
explosives detonation. During rock blasting detonation, vessels would 
be required to maintain a 500 yard distance from the drill boat APACHE. 
The drill boat APACHE will make broadcasts, via VHF-FM channels 13 and 
16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well 
as a countdown to detonation on VHF-FM channel 16. The drill boat 
APACHE will also raise a red flag signifying when a detonation is 
occurring. The 500 yard radius will be secured by a contracted security 
vessel on either side of the blast area. Security vessels will ensure 
the blasting area is clear prior to explosive detonation. Sector 
Delaware Bay will ensure significant notice is given to the maritime 
community of dates and times of blasting via broadcast notice to 
mariners on VHF-FM channel 16. After every explosive detonation, a 
survey will be conducted to ensure the navigational channel is clear 
for vessels to transit. The drill boat APACHE will broadcast, via VHF-
FM channels 13 and 16, when the survey has been completed

[[Page 59946]]

and the channel is clear to transit. Vessels granted permission to 
transit through the safety zone must proceed as directed by the 
designated representative of the Captain of the Port, and must contact 
the drill boat APACHE, dredge TEXAS, or dredge NEW YORK on VHF-FM 
channel 13 to make satisfactory passing arrangements.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and traffic management of the safety zone. The 
Coast Guard does not anticipate any significant economic impact because 
the safety zone would be enforced in an area and in a manner that does 
not conflict with transiting commercial and recreational traffic, 
except for the short periods of time when explosive detonation 
evolutions are being conducted. The blasting detonations will not occur 
more than three times a day. At all other times, at least one side of 
the main navigational channel would be open for vessels to transit. 
Moreover, the Coast Guard will work in coordination with the pilots to 
ensure vessel traffic is limited during the times of detonation and 
Broadcast Notice to Mariners are made via VHF-FM marine channels 13 and 
16 when blasting operations will occur.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to anchor in or 
transit the safety zone may be small entities, for the reasons stated 
in section IV.A above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.
    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 proposed 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 
section. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 (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 proposed rule involves a safety zone in force from 
December 1, 2016, through March 15, 2017, that prohibits entry within 
500 yards of vessels and machinery being used by personnel conducting 
rock blasting, dredging, and rock removal operations within Tinicum 
Range, Eddystone Range, Chester Range, and Marcus Hook Range. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction M16475.1D. 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 proposed 
rule.

G. 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

[[Page 59947]]

message can be received without jeopardizing the safety or security of 
people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add temporary Sec.  165.T05-0715 under the undesignated center 
heading Fifth Coast Guard District to read as follows:


Sec.  165.T05-0715  Safety Zone; Blasting, Delaware River.

    (a) Regulated area. The following area is a safety zone: all the 
waters of the Delaware River within 500 yards of the drill boat or 
dredges performing rock blasting, rock removal, and dredging 
operations, in the Delaware River between the southern end of Marcus 
Hook Range to the eastern end of Tinicum Range.
    (b) Regulations. The general safety zone regulations in Sec.  
165.23 apply to the safety zone created by this temporary section, 
Sec.  165.T05-0715.
    (1) All vessels and persons are prohibited from entering into or 
moving within the safety zone unless authorized by the Captain of the 
Port, Delaware Bay, or by his designated representative.
    (2) Vessels wishing to transit the safety zone, described in 
paragraph (a) of this section, in the main navigational channel, may do 
so if they can make satisfactory passing arrangements with the drill 
boat APACHE, dredge TEXAS, or dredge NEW YORK in accordance with the 
Navigational Rules in 33 CFR subchapter E via VHF-FM channel 13 at 
least 30 minutes prior to arrival. If vessels are unable to make 
satisfactory passing arrangements with the drill boat APACHE, dredge 
TEXAS, or dredge NEW YORK, they may request permission from the Captain 
of the Port, or his designated representative, on VHF-FM channel 16.
    (3) No vessels may transit through the safety zone during times of 
explosives detonation. During rock blasting detonation, vessels are 
required to maintain a 500 yard distance from the drill boat APACHE. 
The drill boat APACHE will make broadcasts, via VHF-FM channels 13 and 
16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well 
as a countdown to detonation on VHF-FM channel 16. The drill boat 
APACHE will also raise a red flag signifying when a detonation is 
occurring. The 500 yard radius will be secured by contracted security 
vessel on either side of the blast area. Security vessel will ensure 
the blasting area is clear prior to explosive detonation. Sector 
Delaware Bay will ensure significant notice is given to the maritime 
community of dates and times of blasting via broadcast notice to 
mariners on VHF-FM channel 16.
    (4) After every explosive detonation, a survey will be conducted to 
ensure the navigational channel is clear for vessels to transit. The 
drill boat APACHE will broadcast, via VHF-FM channels 13 and 16, when 
the survey has been completed and the channel is clear to transit. 
Vessels granted permission to transit through the safety zone must 
proceed as directed by the designated representative of the Captain of 
the Port and contact the drill boat APACHE on VHF-FM channel 13 to make 
satisfactory passing arrangements in accordance with the navigational 
rules in 33 CFR subchapter E.
    (5) This section applies to all vessels except vessels that are 
engaged in the following operations: enforcing laws; servicing aids to 
navigation, and emergency response vessels.
    (c) Definitions. As used in this section:
    Captain of the Port Delaware Bay means the Commander, U.S. Coast 
Guard Sector Delaware Bay, Philadelphia, PA.
    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 effective from 
December 1, 2016, through March 15, 2017.

    Dated: August 23, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2016-20868 Filed 8-30-16; 8:45 am]
 BILLING CODE 9110-04-P