[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Rules and Regulations]
[Pages 28553-28556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13064]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0279]
RIN 1625-AA00


Safety Zone, Delaware River; Dredging

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in 
portions of Marcus Hook Range, Deepwater Point Range, and New Castle 
Range, on the Delaware River, to facilitate the annual maintenance 
dredging of the Federal Navigation Channel. The safety zones will be 
established for the waters in the vicinity of the dredge and associated 
pipeline, including dredge pipe which is located in Marcus Hook 
Anchorage No. 7 and Pea Patch Island Anchorage No. 5. This regulation 
is necessary to provide for the safety of life on navigable waters of 
the Delaware River, in the vicinity of dredging activity, and is 
intended to protect mariners from the hazards associated with pipe-
laying and dredging operations.

DATES: This rule is effective without actual notice from June 26, 2017 
until September 1, 2017. For purposes of enforcement, actual notice 
will be used from June 17, 2017 through June 26, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0279 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Petty Officer Amanda Boone, U.S. Coast Guard, 
Sector Delaware Bay, Waterways Management Division, Coast Guard; 
telephone (215) 271-4814, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 doing so would be impractical and 
contrary to the public interest. Final details for the dredging 
operation were not received by the Coast Guard until June 15, 2017. 
Vessels transiting through New Castle Range, Deepwater Point Range, 
Marcus Hook Range or attempting to enter the waters of Marcus Hook 
Anchorage No. 7 and Pea Patch Island Anchorage No. 5 during pipe-laying 
or dredging operations may be at risk. Delaying this rule for the 
purpose of providing a notice and comment period 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. We are issuing this rule, and, under 5 U.S.C. 
553(d)(3), the Coast Guard finds that good cause exists for making it 
effective less than 30 days after publication in the Federal Register 
because doing so would be contrary to the public interest. Allowing 
this dredging and pipe laying operation to go forward without safety 
zones in place would expose mariners and the public to unnecessary 
dangers.

[[Page 28554]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule 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. The Captain of the Port (COTP), Delaware Bay, 
has determined that potential hazards associated with dredging and pipe 
laying operations, beginning June 17, 2017, will be a safety concern 
for vessels attempting to transit the Delaware River, along New Castle 
Range, Deepwater Point Range, Marcus Hook Range or attempting to enter 
the waters of Marcus Hook Anchorage No. 7 and Pea Patch Island 
Anchorage No. 5. This rule is needed to protect personnel, vessels, and 
the marine environment on the navigable waters within the safety zones 
while dredging is being conducted.

IV. Discussion of the Rule

    The Coast Guard Captain of the Port is temporarily establishing 
safety zones on portions of the Delaware River from June 17, 2017 until 
September 1, 2017, unless cancelled earlier by the Captain of the Port, 
to facilitate maintenance dredging being conducted in New Castle Range, 
Deepwater Point Range and Marcus Hook Range. Maintenance dredging in 
the channel will be conducted with the cutter suction dredge ILLINOIS 
and associated pipeline. Pipeline will be a combination of floating 
hoses immediately behind the dredge and submerged pipeline leading to 
upland disposal areas. Due to the hazards related to cutter suction 
dredging, the associated pipeline, and the location of the submerged 
pipeline, safety zones will be established in the following areas:
    (1) Safety zone one includes all waters within 150 yards of the 
dredge and all related dredge equipment. The safety zone will be 
established for the duration of the maintenance project. Vessels 
requesting to transit shall contact the dredge ILLINOIS on VHF channel 
13 or 16, at least 1 hour, as well as 30 minutes, prior to arrival.
    (2) Safety zone two includes all the waters of Pea Patch Island 
Anchorage No. 5 found in 33 CFR 110.157(a)(6), where submerged pipeline 
will be located which poses a risk to anchored vessels. The safety zone 
will be in place only during the time in which the dredge ILLINOIS is 
conducting dredging operations in New Castle Range. Vessels requesting 
to transit shall contact the dredge ILLINOIS on VHF channel 13 or 16, 
at least 1 hour, as well as 30 minutes, prior to arrival.
    (3) Safety zone three includes all the waters of Marcus Hook 
Anchorage No. 7 found in 33 CFR 110.157(a)(8). Vessels requesting to 
transit Marcus Hook Range shall contact the dredge ILLINOIS on VHF 
channel 13 or 16, at least 1 hour, as well as 30 minutes, prior to 
arrival. Vessels shall then transit around the dredge project area, 
utilizing Marcus Hook Anchorage, while operating at the minimum safe 
speed necessary to maintain steerage and reduced wake. Vessels wishing 
to anchor in Marcus Hook Anchorage No. 7 must obtain permission from 
the COTP at least 24 hours in advance by calling 215-271-4807. The COTP 
will permit one vessel at a time to anchor on a ``first-come, first-
served'' basis. Vessels will only be allowed to anchor for a 12 hour 
period. Vessels that require an examination by the Public Health 
Service, Customs or Immigration authorities will be directed to an 
anchorage for the required inspection by the COTP. Vessels are 
encouraged to use Mantua Creek Anchorage No.9, Naval Base Philadelphia 
Anchorage No. 10, and Deepwater Point Anchorage No. 6 as alternative 
anchorages.
    Entry into, transiting, or anchoring within the safety zones is 
prohibited unless vessels obtain permission from the Captain of the 
Port or make satisfactory passing arrangements with the dredge ILLINOIS 
per this rule and the Rules of the Road (33 CFR chapter I, subchapter 
E).
    The Captain of the Port will implement and terminate the safety 
zones individually once all submerged pipeline has been recovered and 
dredging operations are completed in each range respectively. Notice of 
the implementation and the termination of the safety zone will be made 
in accordance with 33 CFR 165.7.

V. Regulatory Analyses

    We developed this 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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zones. Although this regulation 
will restrict access to regulated areas, the effect of this rule will 
not be significant because there are a number of alternate anchorages 
available for vessels to anchor. Furthermore, vessels may be permitted 
to transit through the safety zone with the permission of the Captain 
of the Port or make satisfactory passing arrangements with the dredge 
ILLINOIS in accordance with this rule and the Rules of the Road (33 CFR 
chapter I, subchapter E). Extensive notification of the safety zones to 
the maritime public will be made via maritime advisories allowing 
mariners to alter their plans accordingly.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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

[[Page 28555]]

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.

C. 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).

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

F. 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 (42 U.S.C. 4321-4370f), and have determined that it 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule adjusts rates in accordance with applicable statutory and 
regulatory mandates. It is categorically excluded under section 2.B.2, 
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor 
regulatory changes that are editorial or procedural in nature. A Record 
of Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble.

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

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; 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.T05-0279 to read as follows:


Sec.  165.T05-0279  Safety Zone, Delaware River; Dredging..

    (a) Location. The following areas are safety zones:
    (1) Safety zone one includes all waters within 150 yards of the 
dredge ILLINOIS and all related dredge equipment.
    (2) Safety zone two includes all the waters of Pea Patch Island 
Anchorage No. 5 found in 33 CFR 110.157(a)(6), where submerged pipeline 
will be located causing a hazard to anchoring vessels. The safety zone 
will be in place only during the time in which the dredge ILLINOIS is 
conducting dredging operations in New Castle Range.
    (3) Safety zone three includes all the waters of Marcus Hook 
Anchorage No. 7 found in 33 CFR 110.157(a)(8). The safety zone will be 
in place only during the time in which the dredge ILLINOIS is 
conducting dredging operations in Marcus Hook Range.
    (b) Definitions. (1) The Captain of the Port (COTP) means the 
Commander 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 their 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 with the enforcement of safety zones 
described in paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 
subpart C of this part apply to the safety zone created by this 
section.
    (1) Safety zone two will be in place only during the time that 
dredge ILLINOIS is conducting dredging operations in New Castle Range. 
Safety zone three will be in place only during time in which the dredge 
ILLINOIS is conducting dredging operations in Marcus Hook Range.
    (2) Vessels requesting to transit Marcus Hook Range shall contact 
the dredge ILLINOIS on VHF channel 13 or 16, at least 1 hour, as well 
as 30 minutes, prior to arrival. Vessels shall then transit around the 
dredge project, utilizing Marcus Hook Anchorage, while operating at the 
minimum safe speed necessary to maintain steerage and reduced wake.
    (3) Vessels wishing to anchor in Marcus Hook Anchorage No. 7 during 
the time in which the dredge ILLINOIS is conducting dredging operations 
in Marcus Hook Range, must obtain permission from the COTP at least 24 
hours in advance by calling 215-271-4807. The COTP will permit one 
vessel at a time to anchor on a ``first-come, first-served'' basis. 
Vessel will only be allowed to anchor for a 12 hour period. Vessels 
that require an examination by the Public Health Service, Customs or 
Immigration authorities will be directed to an anchorage by the COTP 
for the required inspection. Vessels are encouraged to use Mantua Creek 
Anchorage No. 9, Naval Base Philadelphia Anchorage No. 10, and 
Deepwater Point Anchorage No. 6 as alternative anchorages.
    (4) The Captain of the Port will implement and terminate the safety 
zones individually once all submerged pipeline has been recovered and 
dredging operations are completed in each range respectively. Notice of 
the

[[Page 28556]]

implementation and the termination of the safety zone will be made in 
accordance with Sec.  165.7.
    (5) Entry into, transiting, or anchoring within the safety zone is 
prohibited unless vessels obtain permission from the Captain of the 
Port or make satisfactory passing arrangements, via VHF-FM channel 16, 
with the dredge ILLINOIS per this rule and the Rules of the Road (33 
CFR chapter I, subchapter E).
    (6) To request permission to enter the safety zone, the Captain of 
the Port's representative can be contact via VHF-FM channel 16. Vessels 
granted permission to enter and transit through the safety zone must do 
so in accordance with the directions provided by the Captain of the 
Port or designated representative. No person or vessel may enter or 
remain in a safety zone without permission from the Captain of the 
Port. All persons and vessels within a safety zone shall obey the 
directions or orders of the Captain of the Port or their designated 
representative.
    (7) At least one side of the main navigational channel will be kept 
clear for safe passage of vessels in the vicinity of the safety zones. 
At no time will the main navigational channel be closed to vessel 
traffic. Vessels requesting to transit shall contact the dredge 
ILLINOIS on VHF channel 13 or 16, at least 1 hour, as well as 30 
minutes, prior to arrival.
    (8) This section applies to all vessels that intend to transit 
through the safety zones except vessels that are engaged in the 
following operations: enforcement of laws; service of aids to 
navigation, and emergency response.
    (d) Enforcement. These safety zones will be enforced with actual 
notice by the U.S. Coast Guard representatives on scene, as well as 
other methods listed in Sec.  165.7.

    Dated: June 16, 2017.
Benjamin A. Cooper,
Captain, U.. S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-13064 Filed 6-22-17; 8:45 am]
 BILLING CODE 9110-04-P