[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Proposed Rules]
[Pages 28796-28798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13247]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0400]
RIN 1625-AA00


Safety Zone, Delaware River; Pipe-Removal

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish temporary safety 
zones in portions of Billingsport Range, on the Delaware River, to 
facilitate the removal of existing pipelines along the river bed of the 
Federal Navigation Channel. The safety zones would be established for 
the waters of Billingsport Range, on the Delaware River, in the 
vicinity of working vessels and associated equipment. At times the 
working vessels and equipment may be in close proximity or impede the 
navigation channel. This regulation is necessary to provide for the 
safety of life on navigable waters of the Delaware River, in the 
vicinity of pipeline-removal operations, and is intended to protect 
mariners from the associated hazards.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 11, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0400 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 
proposed rulemaking, call or if email Petty Officer Amanda Boone, U.S. 
Coast Guard, Sector Delaware Bay, Waterways Management Division, 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
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, Purpose, and Legal Basis

    Paulsboro Natural Gas Pipeline Company and Buckeye Partners, L.P. 
notified the Coast Guard that removal of portions of old natural gas 
pipelines will need to be conducted in compliance with the Army Corps 
of Engineers request for removal due to the upcoming widening and 
deepening of the Delaware River, main navigational channel, in which 
the depth of the channel will be taken to 45 feet. The Captain of the 
Port Delaware Bay has determined that potential hazards associated with 
the pipe-removal operational would be a safety concern for anyone 
within a 150-yard radius of the working vessels.
    The Coast Guard is proposing to issue 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, Delaware Bay, 
has determined that potential hazards associated with pipe-removal 
operations, beginning on or about July 29, 2017, will be a safety 
concern for vessels attempting to transit the Delaware River, along 
Billingsport Range. This rule is needed to protect personnel, vessels, 
and the marine environment on the navigable waters within the safety 
zone while removal of the pipeline is being conducted.

III. Discussion of Proposed Rule

    The Coast Guard Captain of the Port is proposing to establish 
temporary safety zones on portions of the Delaware River on or about 
July 29, 2017, until October 31, 2017, unless cancelled earlier by the 
Captain of the Port, to facilitate the removal of existing pipeline on 
the river bed of the Delaware River, along the Billingsport Range.
    With plans to widen the commercial shipping channel in the Delaware 
River, the U.S. Army Corp of Engineers (ACOE) has requested both 
Paulsboro Natural Gas Pipeline Company, LLC (PBF) and Buckeye Partners, 
L.P. (BPL) modify their existing pipelines across the river that could 
cause hazards to mariners in the expanded shipping channel. This 
specifically pertains to PBF's 8'' natural gas pipeline and BPL's 10'' 
and 12'' pipelines that run adjacent

[[Page 28797]]

to Philadelphia International Airport to the Paulsboro Refinery. Due to 
the hazards related to underwater pipe-removal operations, safety zones 
will be established on the Delaware River waters within 150 yards of 
the working vessel(s) and related equipment.
    The proposed safety zones will be established for the duration of 
the pipe-removal operation. Vessels that desire to enter or transit 
through the safety zones will be required to contact working vessels on 
VHF-FM marine band channel 13 or 16, at least 1 hour prior to arrival.
    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 working vessels 
on scene per this rule and the Rules of the Road (33 CFR subchapter E).
    The Captain of the Port will implement and terminate the safety 
zone once all pipelines have been recovered and removal operations are 
completed. Notice of the implementation and the termination of the 
safety zone will be made in accordance with 33 CFR 165.7.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    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 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 working vessels on scene in 
accordance with this rule and the Rules of the Road (33 CFR subchapter 
E). Extensive notification of the safety zone to the maritime public 
will be made via maritime advisories to allow 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 
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 transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this rule will 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 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 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 proposed 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 would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 made 
a preliminary determination 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 which is limited in size and duration. Normally such actions are 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant

[[Page 28798]]

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 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, visit http://www.regulations.gov/privacyNotice.
    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.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact the person named in the FOR FURTHER INFORMATION CONTACT 
section, above.

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.T05-0400, to read as follows:


Sec.  165.T05-0400  Safety Zone, Delaware River; Pipe-laying

    (a) Location. The following areas are safety zones: Includes all 
waters in Billingsport Range, on the Delaware River, within 150 yards 
of the working vessels and related equipment conducting pipe-removal 
operations.
    (b) Definitions. (1) The Captain of the Port 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 
his 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 a safety zone 
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 zones created by this 
section. (1) The Captain of the Port will implement and terminate the 
safety zones once all pipelines have been removed and operations are 
completed. Notice of the implementation and the termination of the 
safety zone will be made in accordance with Sec.  165.7.
    (2) Entry into, transiting, or anchoring within the safety zones is 
prohibited unless vessels obtain permission from the Captain of the 
Port (COTP) or make satisfactory passing arrangements, via VHF-FM 
marine band channel 13 or 16, with the working vessel on scene per this 
rule and the Rules of the Road (33 CFR subchapter E).
    (3) To request permission to enter a 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 a 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.
    (4) At least one side of the main navigational channel will be kept 
clear for safe passage of vessels in the vicinity of the safety zone. 
At no time will the main navigational channel be closed to vessel 
traffic. Vessels that desire to enter or transit through a safety zone 
shall contact the working vessels on scene on VHF-FM marine band 
channel 13 or 16, at least 1 hour prior to arrival.
    (5) This section applies to all vessels that intend to transit 
through a safety zone 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 33 CFR 165.7.

    Dated: June 20, 2017.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-13247 Filed 6-23-17; 8:45 am]
 BILLING CODE 9110-04-P