[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13642-13644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06396]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0090]
RIN 1625-AA00


Safety Zones Delaware River, Philadelphia, 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 
navigable waters of the Delaware Bay and River to restrict and protect 
vessel traffic during the transit of two Post-Panamax gantry cranes to 
the Port of Philadelphia. This action is intended to protect mariners 
and vessels from the hazards associated with the transportation of 
these large cranes. Entry of vessels or persons into this zone is 
prohibited unless a vessel meets the stated requirements or is 
specifically authorized by the Captain of the Port Delaware Bay.

DATES: This rule is effective without actual notice from March 30, 2018 
through March 31, 2018. For the purposes of enforcement, actual notice 
will be used from March 20, 2018 through March 30, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0090 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 operation, March 
8, 2018, and the date when this safety zone needs to go into effect by. 
It is impracticable and contrary to the public interest to publish an 
NPRM before issuing this rule because we must establish this safety 
zone by March 20, 2018 to ensure the safety of persons and vessels 
participating in or transiting near the transit operations.
    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 in the Delaware Bay and River presented by the transit 
of equipment of this size.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231.
    The COTP Delaware Bay has determined that potential hazards are 
associated with the transit of the motor vessel (M/V) ZHEN HUA 16 
beginning when the vessel arrives at the Delaware Bay Pilot's Station. 
There will be a continuing safety concern for anyone within a 200-yard 
radius of the vessel until it is moored at Greenwich Terminal in 
Philadelphia, Pennsylvania.

IV. Discussion of the Rule

    This rule establishes a temporary traveling safety zone in the 
Delaware River and Bay in order to facilitate the delivery of two post-
Panamax gantry cranes to the Greenwich Terminal in Philadelphia, 
Pennsylvania. The safety zone includes all navigable waters within 200 
yards of the M/V ZHEN HUA 16 during its transit from the Delaware Bay 
Pilot's Station to Greenwich Terminal in Philadelphia, Pennsylvania. 
Enforcement of the safety zone will begin when the M/V ZHEN HUA 16 
arrives at the Delaware Bay Pilot's Station and terminate when the 
vessel completes mooring operations at the Greenwich Terminal in 
Philadelphia, Pennsylvania. The anticipated date of arrival for the M/V 
ZHEN HUA 16 at the Delaware Bay Pilot's Station is March 20, 2018, with 
alternate dates of March 21, 22, 23, 24, 25, or 26, 2018. The exact 
timeframe that will be required to complete the transit is unable to be 
known in advance, but the Coast Guard estimates that it may take up to 
48 hours to complete the journey from the Delaware Bay Pilot's Station 
to Greenwich Terminal (with additional time possibly needed to complete 
mooring).
    To ensure a safe transit between the station and the terminal, the 
vessel may stop in a designated anchorage area, as set forth in 33 CFR 
110.157, for a short time if necessary due to weather and tidal 
requirements. The safety zone will remain in place during any time the 
vessel spends anchored. Vessels may transit through the safety zone 
while the M/V ZHEN HUA 16 is anchored in a designated anchorage area if 
they meet the following requirements: Transit through the safety zone 
at the minimum safe speed to reduce wake and maintain steerage, and, 
except for towing vessels designated as assist tugs and operating in 
such capacity, do not overtake, meet, or otherwise pass any other 
unmoored or unanchored vessel while transiting through the safety zone. 
Vessels which do not meet all of the requirements listed above are 
prohibited from entering or transiting the safety zone without prior 
approval of the COTP Delaware Bay. Vessels requesting to enter or 
transit the safety zone may contact the Sector Delaware Bay Command 
Center via VHF-FM channel 16. The Coast Guard anticipates that most 
vessels will be able to freely transit around the safety zone and will 
not need to seek permission to enter the zone while the M/V XHEN HUA 16 
is underway.
    There will be a pre-designated safety vessel escorting the ZHEN HUA 
16 while it is underway to monitor the flow of traffic and inform 
mariners that the gantry crane transit is in progress.
    The Coast Guard will be establishing a second safety zone through a 
separate rulemaking to ensure the safety of vessels and persons 
transiting the area during offloading operations once the vessel 
reaches the terminal.

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.

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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 short duration 
of the rule. The rule also allows for vessels to transit through the 
safety zone while the M/V XHEN HUA 16 is in a designated anchorage if 
certain requirements are met, and the Coast Guard anticipates that most 
vessels will be able to freely transit around the safety zone and will 
not need to seek permission to enter the zone while the M/V XHEN HUA 16 
is underway. For these reasons the impact on waterway traffic is 
expected to be minimal.

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 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 moving safety zone lasting only the duration of transit from the 
Delaware Bay Pilot's station to Greenwich Terminals and a stationary 
safety zone, which allows vessels to transit if certain requirements 
are met, lasting approximately six days. It is categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 01. 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.T05-0090 to read as follows:


Sec.  165.T05-0090   Safety Zones; Delaware River, Philadelphia PA.

    (a) Location. The following area is a safety zone: All navigable 
waters within 200 yards of the M/V ZHEN HUA 16

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while the vessel is transiting from the Delaware Bay Pilot's Station to 
Greenwich Terminal in Philadelphia, Pennsylvania.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Delaware Bay (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) In accordance with the general safety zones 
regulations in subpart C of this part and except for as described in 
paragraph (c)(3) of this section, vessels may not enter, remain in, or 
transit the safety zone described in paragraph (a) of this section 
unless authorized by the COTP or the COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, unless 
moored or anchored outside the main navigational channel, contact the 
COTP or the COTP's representative via VHF-FM Channel 16. Those in the 
safety zone must comply with all lawful orders or directions given to 
them by the COTP or the COTP's designated representative.
    (3) Vessels may transit the safety zone described in paragraph 
(a)(1) of this section without permission from the COTP if all of the 
following criteria are met:
    (i) The M/V ZHEN HUA 16 is anchored in a designated anchorage as 
defined in 33 CFR 110.157.
    (ii) Vessels maintain the minimum safe speed to reduce wake and 
maintain steerage.
    (iii) Except towing vessels designated as assist tugs and operating 
in such capacity, no vessel may meet, overtake or otherwise pass 
another unmoored or unanchored vessel within the safety zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement period. Enforcement of the safety zone will begin 
when the M/V ZHEN HUA 16 arrives at the Delaware Bay Pilot's Station 
and terminate when the vessel completes mooring operations at the 
Greenwich Terminal in Philadelphia, Pennsylvania. The anticipated date 
of arrival for the M/V ZHEN HUA 16 at the Delaware Bay Pilot's Station 
is March 20, 2018, with alternate dates of March 21, 22, 23, 24, 25, or 
26, 2018. The exact timeframe that will be required to complete the 
transit is unable to be known in advance, but the Coast Guard estimates 
that it may take up to 48 hours from arrival at Delaware Bay Pilot's 
Station until complete mooring at Greenwich Terminal.

    Dated: March 20, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-06396 Filed 3-29-18; 8:45 am]
 BILLING CODE 9110-04-P