[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Rules and Regulations]
[Pages 56566-56568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25749]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0935]
RIN 1625-AA00


Safety Zone; Delaware River, Marcus Hook, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Delaware River between Marcus Hook Range and Tinicum 
Range. The safety zone will temporarily restrict vessel traffic from 
transiting or anchoring in portions of the Delaware River while rock 
blasting, dredging, and rock removal operations are being conducted to 
facilitate the Main Channel Deepening project for the Delaware River. 
The safety zone is needed to protect personnel, vessels, and the marine 
environment from hazards created by rock blasting, dredging, and rock 
removal operations. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the COTP or his designated 
representatives.

DATES: This rule is effective from November 30, 2017 through March 15, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0935 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, Waterways 
Management Branch, U.S. Coast Guard Sector Delaware Bay; telephone 
(215) 271-4889, 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 Army Corps of Engineers notified the Coast Guard that Great 
Lakes Dredging and Dock Company will be conducting rock blasting, 
dredging, and rock removal operations, beginning November 30, 2017 
through March 15, 2018, to facilitate the deepening of the main 
navigational channel to the new project depth of 45 feet. The Captain 
of the Port (COTP) 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 the drill boat APACHE or 
dredges TEXAS and NEW YORK. In response, on November 14, 2017, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Delaware River, Marcus Hook, PA (82 FR 52680.) There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this safety

[[Page 56567]]

zone. During the comment period that ended November 21, 2017, we 
received one comment.
    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 because immediate action is needed to 
respond to the potential safety hazards associated with rock blasting 
and dredging operations in the Delaware River.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that there are potential hazards 
associated with the rock blasting and dredging operations. The purpose 
of this rulemaking is to ensure the safety of personnel, vessels, and 
the marine environment within a 500-yard radius of rock blasting, 
dredging, and rock removal operations

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published 
November 14, 2017. The comment stated that the proposed safety zone 
would be helpful to protect personnel while rock blasting is occurring. 
The Coast thanks the commenter for their support. There are no changes 
in the regulatory text of this rule from the proposed rule in the NPRM, 
other than a correction of the beginning of the enforcement date in 
paragraph (e). While the preamble of the NPRM correctly stated that 
enforcement would begin on November 30, 2017, the draft regulatory text 
incorrectly stated that enforcement would begin on December 1, 2017.
    This rule establishes a safety zone from November 30, 2017 through 
March 15, 2018. The safety zone covers all navigable waters in the 
Delaware River within 500 yards of vessels and machinery being used to 
conduct rock blasting, dredging, and rock removal operations between 
Marcus Hook Range and Tinicum Range. The safety zone will 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 detonations are being conducted and shortly 
thereafter, when the channel is being surveyed to ensure the 
navigational channel is clear for vessels to transit. These detonations 
will not occur more than three times a day. At all other times, at 
least one side of the main navigational channel will be open for 
vessels to transit. This rule describes communications for notifying 
waterway users of upcoming detonations and provides means for waterway 
users to request entry into the safety zone.

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 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, duration, and traffic management of the safety zone. The 
Coast Guard does not anticipate a significant economic impact because 
the safety zone will 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 detonations 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 will 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 channel 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 received no comments from the Small Business 
Administration on this rulemaking. 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 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

[[Page 56568]]

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.

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 a safety zone to protect waterway users that would 
prohibit entry within 500 yards of rock blasting, dredging, and rock 
removal. 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 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.T05-0935 to read as follows:


Sec.  165.T05-0935   Safety Zone, Delaware River; Marcus Hook, PA.

    (a) Location. The following area is a safety zone: all the 
navigable waters of the Delaware River within 500 yards of vessels and 
machinery performing rock blasting, rock removal, and dredging 
operations, between Marcus Hook Range and Tinicum Range.
    (b) Definitions. As used in this section, designated representative 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the Captain of the Port to assist with enforcement 
of the safety zone described in paragraph (a) of this section.
    (c) Regulations. (1) Vessels wishing to transit the safety zone in 
the main navigational channel may do so if they can make satisfactory 
passing arrangements with the drill boat APACHE or the dredges TEXAS 
and NEW YORK, as applicable, 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 or the dredges TEXAS and NEW 
YORK, they may request permission from the Captain of the Port, or his 
designated representative, on VHF-FM channel 16.
    (2) The operator of any vessel requesting to transit through the 
safety zone shall proceed as directed by the drill boat APACHE, the 
dredges TEXAS and NEW YORK, or the designated representative of the 
Captain of the Port and must operate at the minimum safe speed 
necessary to maintain steerage and reduce wake.
    (3) No vessels may transit through the safety zone during times of 
explosive detonation. During explosive detonation, vessels will be 
required to maintain a 500 yard distance from the drill boat APACHE. 
The drill boat APACHE will make broadcasts, via VHF-FM Channel 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.
    (4) After every explosive detonation a survey will be conducted by 
the dredging contractor to ensure the navigational channel is clear for 
vessels to transit. The drill boat APACHE will broadcast, via VHF-FM 
channel 13 and 16, when the survey has been completed and the channel 
is clear to transit. Vessels requesting to transit through the safety 
zone shall proceed as directed by the Captain of the Port and contact 
the drill boat APACHE on VHF-FM channel 13 to make safe passing 
arrangements.
    (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 rule will be enforced from November 
30, 2017, through March 15, 2018, unless cancelled earlier by the 
Captain of the Port.

    Dated: November 22, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-25749 Filed 11-28-17; 8:45 am]
 BILLING CODE 9110-04-P