[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Rules and Regulations]
[Pages 2736-2738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01602]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0031]
RIN 1625-AA00
Safety Zone; Delaware River Rock Blasting, 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 February 10, 2019, through March 15,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0031 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 Edmund Ofalt, U.S. Coast Guard
Sector Delaware Bay, Waterways Management Branch; telephone (215) 271-
4889, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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. There is insufficient time to allow for a
reasonable comment period prior to the start date for blasting
operations. The rule must be in force by February 10, 2019, to serve
its purpose of ensuring the safety of personnel, vessels, and the
marine environment from hazards associated with rock blasting,
dredging, and rock 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 rock blasting, dredging and rock removal
operations in this location.
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. This rule is
needed 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 the Rule
This rule establishes a safety zone from February 10, 2019, through
March 15, 2019. 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
[[Page 2737]]
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
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 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 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 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 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.T05-0031 to read as follows:
[[Page 2738]]
Sec. 165.T05-0031 Safety Zone, Delaware River Rock Blasting; 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 vessel may transit through the safety zone during times of
explosive detonation. During explosive detonation, vessels must
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 the dredging contractor will
conduct a survey 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 February
10, 2019, through March 15, 2019, unless cancelled earlier by the
Captain of the Port.
Dated: February 4, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-01602 Filed 2-7-19; 8:45 am]
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