[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58742-58745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26935]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1053]
RIN 1625-AA00


Safety Zone; Delaware River, Pipeline Removal, Marcus Hook, PA

AGENCY: Coast Guard, DHS.

ACTION: Interim rule and request for comments.

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SUMMARY: This interim rule modifies and extends the effective period of 
the existing temporary safety zone encompassing all navigable waters 
within a 250-yard radius of Commerce Construction vessels and machinery 
conducting diving and pipeline removal operations in the Delaware 
River, in the vicinity of Anchorage 7, near Marcus Hook, PA. The safety 
zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by diving and pipeline 
removal operations. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Delaware Bay. We invite your comments on this rulemaking.

DATES: This rule is effective without actual notice from December 14, 
2017. For the purposes of enforcement, actual notice will be used from 
December 9, 2017, through December 14, 2017. Comments and related 
material must be received by the Coast Guard on or before January 16, 
2018.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number USCG-2017-1053. To view documents mentioned in this preamble as 
being available in the docket, go to http://www.regulations.gov, type 
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 
``Open Docket Folder'' on the line associated with this rulemaking. You 
may submit comments, identified by docket number, 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

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further instructions on submitting comments.

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. Regulatory History and Information

    On November 28, 2017, the Coast Guard published a temporary safety 
zone titled Safety Zone; Delaware River, Pipeline Removal, Marcus Hook, 
PA (82 FR 56170). The temporary safety zone established a safety zone 
from November 21, 2017, through December 8, 2017. The safety zone 
covers all navigable waters within 250 yards of vessels and machinery 
being used by personnel to conduct diving and pipe removal operations. 
Due to unforeseen issues with the operation, the expected dates of work 
have been changed and extended to February 28, 2018.
    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 
address the potential safety hazards associated with diving and 
pipeline removal operations.

III. Background, Purpose, and Legal Basis

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Delaware Bay has determined that 
potential hazards associated with diving and pipe removal operations 
currently underway in the Delaware River, will be a safety concern for 
anyone within a 250-yard radius of diving and pipe removal vessels and 
machinery. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone while 
the operations are being conducted.

IV. Discussion of Comments, Changes, and the Interim Rule

    Only two changes have been made to the existing temporary rule. 
First, the original end date for enforcement of the safety zone was 
December 8, 2017, and the end date for the enforcement of the safety 
zone is being changed to February 28, 2018. Second, the enforcement 
period regulatory text, paragraph (d), has been amended to indicate 
what time of day the zone will be enforced. This timeframe was 
discussed in the regulatory analyses statements of the temporary final 
rule but was not included in the regulatory text itself.
    This rule establishes a safety zone from December 9, 2017, through 
February 28, 2018. The safety zone will cover all navigable waters 
within 250 yards of vessels and machinery being used by personnel to 
conduct diving and pipe removal operations.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13771 directs agencies to control regulatory costs through a 
budgeting process. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the 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 E.O. 
13771.
    This regulatory action determination is based on the size, location 
and duration of the security zone. Vessel traffic will be able to 
safely transit around this safety zone which would impact a small 
designated area of the Delaware River from December 9, 2017, through 
February 28, 2018. Moreover, the Coast Guard will issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16, Local Notice to 
Mariners, and Marine Safety Information Bulletin about the zone, and 
the rule would allow vessels to seek permission to enter the zone.

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 
would not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels that intend to transit 
the security zone may be small entities, for the reasons stated in 
section V.A above this 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 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 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 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 E.O. 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 E.O. 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

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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 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 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 rule involves a safety zone that will prohibit entry 
within 250 yards of vessels and machinery being used by personnel to 
conduct diving and pipe removal operations. It is categorically 
excluded from further review under paragraph L60(d) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of 
Environmental Consideration (REC) is 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 
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.

VI. 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 USCG-2017-1053 
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 rule 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 website'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 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.T05-1053, to read as follows:


Sec.  165.T05-1053  Safety Zone, Delaware River; Pipeline Removal; 
Marcus Hook, PA.

    (a) Location. The following areas are safety zones: All navigable 
waters within 250 yards of the towing vessel JOKER, Commerce 
Construction crane barge KELLY, and associated diving and pipe removal 
vessels, as well as any associated equipment, operating in Marcus Hook 
Range and Anchorage No. 7 near Marcus Hook, PA, on the Delaware River.
    (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, or make satisfactory passing arrangements 
via VHF-FM channels 13 or 80 with the towing vessel JOKER per this 
section and the rules of the Road (33 CFR subchapter E). Vessels 
requesting to transit shall contact the towing vessel JOKER on channel 
13 or 80 at least 1 hour, as well as 30 minutes, prior to arrival.
    (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, his designated representative, or the towing vessel JOKER. 
No person or vessel may enter or remain in a safety zone without 
permission from the Captain of the Port or the towing vessel JOKER.
    (3) There are three sections of pipeline that will be removed. The 
first two sections of pipeline to be removed are in Anchorage No. 7, 
Marcus Hook Anchorage, in the Delaware River. During removal of these 
sections of pipeline, the safety zone will restrict vessels from 
anchoring in the lower portion of Anchorage No. 7.
    (4) During removal of the third section of pipeline, operations 
will be conducted within the main navigational channel and vessels will 
be required to transit through the lower portion of Anchorage No. 7. 
The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16, Local Notice to Mariners, and Marine Safety 
Information Bulletin further defining specific work locations and 
traffic patterns.
    (5) All vessels must operate at the minimum safe speed necessary to 
maintain steerage and reduce wake.
    (6) This section applies to all vessels that intend to transit 
through the safety

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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 
December 8, 2017, through February 28, 2018. Enforcement will generally 
be between the hours of 5 a.m. and 7 p.m., Monday through Sunday, while 
the zone is in effect.

    Dated: December 8, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-26935 Filed 12-13-17; 8:45 am]
BILLING CODE 9110-04-P