[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Rules and Regulations]
[Pages 17078-17081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08110]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0322]
RIN 1625-AA00


Safety Zone, Delaware River; Diving and Survey Operations; Marcus 
Hook, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a safety zone encompassing all 
navigable waters within a 250-yard radius of the Commerce Construction 
vessels and associated equipment conducting survey and diving 
operations in the Delaware River, and in the vicinity of Anchorage 7, 
near Marcus Hook, PA. The safety zone is needed to protect personnel, 
vessels, associated equipment, and the marine environment from 
potential hazards created by survey and diving operations. Entry of 
persons or vessels into this safety zone will be prohibited unless 
specifically authorized by the Captain of the Port Delaware Bay. We 
invite your comments on this rule.

DATES: This rule is effective from April 30, 2018 through June 30, 
2018. Comments and related material must be received by the Coast Guard 
on or before May 18, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0322 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 
rulemaking, 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

APA Administrative Procedure Act
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

[[Page 17079]]

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and 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 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 28, 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 the safety zone by April 30, 2018, to ensure the safety 
of personnel, vessels, associated equipment, and the marine environment 
from potential hazards created by survey and diving operations the 
Coast Guard is providing an opportunity to comment prior to the rule 
becoming effective and while the rule is in effect and may amend the 
rule after it is effective if necessary.
    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 hazards presented by 
survey and diving operations.

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 Delaware Bay (COTP) has determined that a 
safety zone is necessary to mitigate the hazards involving survey and 
diving operations. The safety zone covers all navigable waters within 
250-yards of vessels and associated equipment being used by personnel 
to conduct survey and diving operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from April 30, 2018, through 
June 30, 2018. The safety zone will cover all navigable waters within 
250-yards of survey and diving operation vessels, as well as any 
associated equipment, operating in Marcus Hook Anchorage No. 7 near 
Marcus Hook, PA, and within the Marcus Hook Range on the Delaware 
River. Diving and survey operations conducted within the anchorage will 
be in the southernmost portion of the anchorage on the eastern side 
adjacent to the New Jersey shoreline. The affiliated safety zone will 
restrict available anchorage grounds in the lower portion of Anchorage 
No. 7. During diving and survey operations conducted within navigable 
channel of the Marcus Hook Range, vessels will not be permitted to 
anchor within the southern portion of the anchorage as this section 
will be utilized to allow traffic to safely pass around the safety 
zone. Information on procedures for requesting permission to anchor, as 
well as any changes to traffic patterns, will be distributed to the 
maritime community via the methods stated below.
    Notification regarding the specific location of the zone and any 
changes to traffic patterns will be sent to the maritime community via 
Broadcast Notice to Mariners and Marine Safety information Bulletins. 
Marine Safety Information Bulletins may be obtained from https://homeport.uscg.mil/port-directory/delaware-bay or by calling the Coast 
Guard Delaware Bay Command Center at 215-271-4807.

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, 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 Executive Order 13771.
    This regulatory action determination is based on size, location and 
duration of the safety zone. The safety zone will impact a small 
designated area of Marcus Hook Anchorage No. 7 and the Marcus Hook 
Range on the Delaware River. During enforcement periods of the safety 
zone these impacts include restrictions to the location, type and size 
of vessels that may anchor in the Marcus Hook Anchorage. However, other 
anchorages in the Delaware River will remain fully operational as 
alternatives for vessel traffic. Vessel traffic will be able to safely 
transit around the safety zone. 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.

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 intending to transit the 
safety 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).

[[Page 17080]]

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 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 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 
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 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 survey and diving operation vessels, as well as any 
associated equipment, operating in Marcus Hook Anchorage No. 7 and 
Marcus Hook Range, on the Delaware River. Normally such actions are 
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 
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 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. The Coast Guard may amend this temporary final rule if we 
receive comments from the public that indicate that a change is 
warranted. 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 temporary final 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.

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.T05-0322 to read as follows:


Sec.  165.T05-0322   Safety Zone, Delaware River; Diving and Survey 
Operations; Marcus Hook, PA.

    (a) Location. The following areas are safety zones: All navigable 
waters within 250-yards of Commerce Construction crane barge KELLY and 
the towing vessel JOKER, as well as any associated equipment, operating 
in Marcus Hook Anchorage No. 7 or Marcus Hook Range, 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 
subpart C of this part apply to the safety zones created by this 
section.
    (1) Entry into or transiting within the zones 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 16 with the crane barge KELLY or towing vessel JOKER.
    (2) Any vessel wishing to anchor within Marcus Hook Anchorage No. 7 
is required to verify compliance with current temporary restrictions 
and requirements noted within the most current Sector Delaware Bay 
Marine Safety Information Bulletin. The most current Marine Safety 
Information Bulletin may be obtained at https://homeport.uscg.mil/port-directory/delaware-bay or by calling the Coast Guard Delaware Bay 
Command Center at 215-271-4807.

[[Page 17081]]

    (3) All vessels authorized to enter or transit the zones must 
operate at the minimum safe speed necessary to maintain steerage and 
reduce wake.
    (4) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (d) Enforcement periods. This section will be enforced from April 
30, 2018, through June 30, 2018.

    Dated: April 12, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-08110 Filed 4-17-18; 8:45 am]
 BILLING CODE 9110-04-P