[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Rules and Regulations]
[Pages 60360-60362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25668]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0913]
RIN 1625-AA00


Safety Zone; Delaware River, Dredging Operation Equipment 
Recovery, Marcus Hook Range, Chester, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 250-yard radius of Great Lakes Dredge & Dock 
Company vessels and machinery conducting emergency diving and equipment 
removal operations in the Delaware River within Marcus Hook Range near 
Chester, Pennsylvania. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
broken equipment removal operations. Entry of vessels or persons into 
this zone is prohibited unless specifically authorized by the Captain 
of the Port Delaware Bay or a designated representative.

DATES: This rule is effective without actual notice from November 19, 
2018 through November 26, 2018. For the purposes of enforcement, actual 
notice will be used from November 26, 2018 through November 30, 2018. 
This rule may be withdrawn if the project is completed before the 
stated end date. This rule will be enforced continuously each day the 
rule is in effect.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0913 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 Thomas Welker, U.S. Coast Guard, Sector 
Delaware Bay, Waterways Management Division; 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 because it is impracticable and contrary to 
the public interest to do so. The rule must be established by November 
18, 2018, to serve its purpose of providing safety during the recovery 
of a broken hydro-hammer associated with dredging operations. The Coast 
Guard was notified of the recovery operation schedule on November 18, 
2018, and a safety zone must be established by November 18, 2018 to 
address the hazards associated with diving and equipment removal 
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 potential safety 
hazards associated with diving and equipment removal 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 
potential hazards associated with emergency diving and equipment 
recovery operations beginning November 19, 2018, will be a safety 
concern for anyone within a 250-yard radius of diving and equipment 
recovery 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 to recover the broken 
hydro-hammer are being conducted.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on November 19, 2018 
through November 30, 2018, within 250 yards of vessels and machinery 
being used by personnel to conduct diving and equipment recovery 
operations, at approximately 39[deg]49.3002' N Latitude, -
75[deg]22.8966' W Longitude, in the Marcus Hook Range of the Delaware 
River. During diving and equipment recovery operations, persons or 
vessels will not be permitted to enter the safety zone without 
obtaining permission from the COTP or the COTP's designated 
representative. Vessels wishing to transit the safety zone in the clear 
side of the main navigational channel may do so if they can make 
satisfactory passing arrangements with dredge NEW YORK or tug INDIAN 
DAWN in accordance with the Navigational Rules in 33 CFR subchapter E 
via VHF-FM 88 at least 1 hour prior to arrival and at 30 minutes prior 
to arrival to arrange safe passage. If vessels are unable to make 
satisfactory passing arrangements with the dredge NEW YORK or tug 
INDIAN DAWN, they may request permission from the COTP, or his 
designated representative, to enter and transit the safety zone on VHF-
FM channel 16. All vessels must operate at the minimum safe speed 
necessary to maintain steerage and reduce wake while transiting the 
safety zone. The Coast Guard will issue a Broadcast Notice to Mariners 
via VHF-FM marine channel 16 and Marine Safety Information Bulletin 
further defining specific work locations and traffic patterns.

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

[[Page 60361]]

from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone, which will 
impact a small designated area of the Delaware River. Although persons 
and vessels may not enter the safety zone without authorization from 
the COTP or a designated representative of the COTP, they may operate 
in the surrounding area during the enforcement period. Moreover, the 
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 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 
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 
an emergency safety zone that will prohibit persons and vessels from 
entering a limited area on the navigable water in the Delaware Bay, 
during an emergency diving and equipment recovery operation. It is 
categorically excluded from further review under paragraph L60(c) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.

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.T05-0913 to read as follows:


Sec.  165.T05-0913  Safety Zone; Delaware River, Dredging Operation 
Equipment Recovery, Mantua Creek Anchorage.

    (a) Location. The following area is a safety zone: All navigable 
waters within 250 yards of vessels and machinery associated with diving 
and pipeline removal operating on the Delaware River, at approximately 
39[deg]49.3002' N Latitude, 075[deg]22.8966' W Longitude, in the Marcus 
Hook Range near Chester, Pennsylvania. All coordinates are based on 
Datum NAD 1983.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer on board a Coast Guard vessel 
or on board a federal, state, or local law enforcement vessel assisting 
the Captain

[[Page 60362]]

of the Port Delaware Bay (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Entry into or transiting within the 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 channel 88, with the dredge NEW YORK or tug 
INDIAN DAWN per this section and the Rules of the Road (33 CFR chapter 
I, subchapter E). Vessels requesting to transit shall contact the 
dredge NEW YORK or tug INDIAN DAWN on channel 88 at least 1 hour prior 
to arrival and at 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, dredge NEW YORK, or tug 
INDIAN DAWN. No person or vessel may enter or remain in a safety zone 
without permission from the Captain of the Port, dredge NEW YORK, or 
tug INDIAN DAWN.
    (3) All vessels must operate at the minimum safe speed necessary to 
maintain steerage and reduce wake.
    (4) 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. 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 periods. This section will be enforced continuously 
from November 19, 2018 through November 30, 2018, or completion of the 
equipment removal, whichever is sooner.

    Dated: November 19, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard Captain of the Port Delaware Bay.
[FR Doc. 2018-25668 Filed 11-23-18; 8:45 am]
BILLING CODE 9110-04-P