[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Rules and Regulations]
[Pages 52005-52007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24377]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1028]
RIN 1625-AA00


Safety Zone; Atlantic Ocean, Rehoboth Beach, DE

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the 
Atlantic Ocean, off the coast of Rehoboth Beach, DE and in Breakwater 
Harbor near Cape Henlopen. Safety zone one is being established for 
navigable waters in the vicinity of the derrick barge HAAKON during 
dredging operations, pipe laying operations, diving operations and 
underwater construction operations. Safety zone two is being 
established for waters in the vicinity of the working barges and 
pipeline located in Breakwater Harbor during pipeline fusing and 
testing operations. This regulation is necessary to provide for the 
safety of life on navigable waters of Breakwater Harbor and the 
Atlantic Ocean in the vicinity of the construction operations off the 
coast of Rehoboth Beach during construction activities. Entry of 
vessels or persons into these zones is prohibited unless specifically 
authorized by the Captain of the Port Delaware Bay.

DATES: This rule is effective without actual notice from November 9, 
2017 through February 28, 2018. For the purposes of enforcement, actual 
notice will be used from November 6, 2017 through November 9, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1028 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 on this rule, 
call or email Petty Officer Edmund Ofalt, Waterways Management Branch, 
U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4814, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

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 due to the short time period between when 
Sector Delaware Bay received complete details of this project, October 
30, 2017, and the date when these safety zones needed to go into 
effect. It is impracticable and contrary to the public interest to 
publish an NPRM to provide a notice and opportunity for comment period 
because the safety zones must be established by November 6, 2017, to 
ensure safety of life on navigable waters in the vicinity of dredging 
operations, pipe laying operations, diving operations as well as 
construction

[[Page 52006]]

operations and to protect mariners from hazards associated with the 
same.
    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. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to mitigate the hazards presented to 
safety of life on the Atlantic Ocean off the coast of Rehoboth Beach 
and in Breakwater Harbor by the presence of dredge, diving and 
construction equipment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port (COTP) Delaware Bay has determined that 
potential hazards associated with dredging, diving, pipe laying, and 
construction operations starting November 6, 2017 will be a safety 
concern for vessels attempting to transit the Atlantic Ocean offshore 
of Rehoboth Beach and Breakwater Harbor. This rule is needed to protect 
personnel, vessels, and the marine environment on the navigable waters 
within the safety zones while dredging, diving, pipe laying, and 
construction operations are being conducted.

IV. Discussion of the Rule

    This rule establishes two safety zones from November 6, 2017, 
through February 28, 2018, unless cancelled earlier by the COTP, to 
facilitate dredging, diving, pipe laying, and construction operations. 
Dredging operations will commence on November 6, 2017. The derrick 
barge HAAKON will begin dredging at approximate coordinates 
38[deg]43'43.79'' N., 75[deg]3'32.60'' W. and move to the east. 
Simultaneously, at another location, pipeline fusing operations will 
begin and pipeline will be connected into two sections of approximately 
1,900 feet in length each and one section approximately 1,800 feet in 
length. Pipeline fusing operations are expected to take approximately 
25 days. At the completion of pipeline fusing operations, all the 
sections of pipeline will be pulled into Breakwater Harbor to 
approximately 38[deg]47'53.00'' N., 75[deg]6'13.85'' W. The two 1,900 
foot sections of pipeline will be fused together and tested for 
continuity for at least 48 hours. When the pipeline proves to be 
continuous, it will be taken to the location of dredging operations 
where it will be inserted into a hole which has been horizontally 
drilled back to the Rehoboth Beach water treatment facility. The 1,800 
foot section will then be laid in the trench and connected to the 3,800 
foot section. A diffuser of approximately 127 feet will then be 
connected to the end of the pipe. Upon completion of connections and 
testing, a portion of the sediment removed during the dredging 
operations will be placed back over the pipeline and diffuser along 
with marine matting to ensure stability.
    Safety zone one includes all navigable waters within 150 yards of 
the derrick barge HAAKON and associated dredging, diving, and 
construction equipment operating in the Atlantic Ocean offshore of 
Rehoboth Beach, DE, at approximate location 38[deg]43'43.79'' N., 
75[deg]3'32.60'' W.
    Safety zone two includes all navigable waters within 150 yards of 
the platform barge MANSON 76 and all associated equipment, to include 
pipeline, operating in Breakwater Harbor at approximate location 
38[deg]47'53.00'' N., 75[deg]6'13.85'' W.
    Vessels requesting to enter either safety zone must receive 
permission from the COTP on VHF-FM channel 16. Vessels may also contact 
the HAAKON or MANSON 76 in the event of an emergency on VHF-FM channel 
68 or 13.

V. Regulatory Analyses

    This rule was developed after considering numerous statutes and 
Executive orders related to rulemaking. Below is a summary of analyses 
based on a number of these statutes and Executive orders, and 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 the locations allow for transit around the 
areas included in the safety zones as well as a reduction in vessel 
traffic in the areas due to seasonal variations in the quantity of 
vessel traffic in these locations.

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 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

[[Page 52007]]

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 
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 safety zones that encompass all navigable waters within 
150 yards of dredging, diving, construction operations and associated 
equipment. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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 Sec.  165.T05-1028, to read as follows:


Sec.  165.T05-1028   Safety Zone; Atlantic Ocean, Rehoboth Beach, DE.

    (a) Location. The following area are safety zones:
    (1) Safety zone one includes all navigable waters within 150 yards 
of the derrick barge HAAKON and associated equipment operating in the 
Atlantic Ocean offshore of Rehoboth Beach, DE, at approximate location 
38[deg]43'43.79'' N., 75[deg]3'32.60'' W.
    (2) Safety zone two includes all navigable waters within 150 yards 
of the platform barge MANSON 76 and all associated equipment, to 
include pipeline, operating in Breakwater Harbor at approximate 
location 38[deg]47'53.00'' N., 75[deg]6'13.85'' W.
    (3) These coordinates are based on the World Geodedic System 1984 
(WGS 84) horizontal datum reference.
    (b) Definitions--(1) 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 safety zones 
described in paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 33 
CFR part 165 subpart C apply to the safety zone created by this 
section.
    (1) Entry into or transiting within either safety zone is 
prohibited unless vessels obtain permission from the Captain of the 
Port, via VHF-FM channel 16. Vessels may also contact the derrick barge 
HAAKON or platform barge MANSON 76, via VHF-FM channel 13 or 68 in an 
emergency.
    (2) Vessels granted permission to enter and transit the safety zone 
must do so in accordance with any directions or orders of the Captain 
of the Port, or his designated representative. No person or vessel may 
enter or remain in a safety zone without permission from the Captain of 
the Port.
    (3) This section applies to all vessels that intend to transit 
through the safety zone except vessels that are engaged in the 
following operations: Enforcement of laws; service of aids to 
navigation, and emergency response.
    (d) Enforcement periods. This section will be enforced from 
November 6, 2017, through February 28, 2017.

    Dated: November 3, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-24377 Filed 11-8-17; 8:45 am]
BILLING CODE 9110-04-P