[Federal Register Volume 84, Number 55 (Thursday, March 21, 2019)]
[Rules and Regulations]
[Pages 10415-10417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05367]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0109]
RIN 1625-AA00


Safety Zone; 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 Post-Panamax gantry cranes to and 
from 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 would be prohibited unless a vessel meets the stated 
requirements or is specifically authorized by the Captain of the Port 
Delaware Bay. This rule compliments a safety zone found in docket 
number USCG-2019-0122 addressing safety risks while the vessel carrying 
the cranes is moored at the Port of Philadelphia.

DATES: This rule is effective without actual notice from March 21, 2019 
through May 7, 2019. For the purposes of enforcement, actual notice 
will be used from March 15, 2019, through March 21, 2019. This rule may 
be cancelled earlier if the project is completed before May 7, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0109 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 Thomas Welker, U.S. Coast Guard 
Sector Delaware Bay, Waterways Management Branch; 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 M/V ZHEN HUA 25 is transporting three post-Panamax gantry 
cranes to ports within the United States. These large cranes extend 
beyond the width of M/V ZHEN HUA 25 on both sides of the vessel and 
create a navigational hazard to vessels operating within a certain 
proximity. The cranes are fastened in manner to facilitate passage 
through open ocean. Upon arrival with the Delaware River, M/V ZHEN HUA 
25 will transit to anchorage and begin an approximately four day 
process of removing the sea fastenings. The M/V ZHEN HUA 25 will then 
proceed, conditions permitting, to berth at the Port of Philadelphia 
Greenwich Terminal. The vessel will deliver two of the three cranes 
then proceed outbound to Wilmington, NC, with one gantry crane 
remaining onboard.
    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 an 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 anticipated arrival of M/V ZHEN HUA 25 to the Delaware Bay Captain 
of the Port zone. The rule must be in force by March 15, 2019, to serve 
its purpose of ensuring the safety of waterway users and the general 
public from hazards associated with the transport of post-Panamax 
gantry cranes within the Delaware Bay Captain of the Port Zone.
    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

[[Page 10416]]

immediate action is needed to mitigate the potential safety hazards 
associated with transportation of post-Panamax gantry cranes.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The COTP has determined that there are potential hazards 
associated with the transportation of post-Panamax gantry cranes. The 
COTP Delaware Bay has determined that the potential hazards will be a 
safety concern for anyone within a 200-yard radius of the vessel unless 
moored at Greenwich Terminal in Philadelphia, Pennsylvania.

IV. Discussion of the Rule

    The safety zone includes all navigable waters within 200 yards of 
M/V ZHEN HUA 25 unless moored at Greenwich Terminal in Philadelphia, 
Pennsylvania. Enforcement of the safety zone will begin when the M/V 
ZHEN HUA 25 arrives at the Delaware Bay Captain of the Port zone and 
continue, unless the vessel is moored, until departure from the 
Delaware Bay Captain of the Port zone. The anticipated date of arrival 
for the M/V ZHEN HUA 25 is March 15, 2019. However, inclement weather 
and other unforeseen circumstances may necessitate a change in the date 
of transit upriver. Sector Delaware Bay will notify the maritime 
community of the date of transit, at a minimum, via marine safety 
information bulletin and broadcast notice to mariners.
    To ensure a safe transit within the Delaware Bay Captain of the 
Port zone, the vessel may stop in a designated anchorage area, as set 
forth in 33 CFR 110.157, for a short time if needed due to weather and 
tidal requirements. The safety zone will remain in place during the 
time the vessel spends anchored. Vessels may be able to transit through 
the safety zone while the M/V ZHEN HUA 25 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. Additionally, vessels 
must ask permission to enter or transit the safety zone any time the M/
V ZHEN HUA 25 is underway. 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 ZHEN HUA 25 is underway.
    There will be a pre-designated safety vessel escorting the ZHEN HUA 
25 while it is underway to monitor the flow of traffic and inform 
mariners that the gantry crane transit is in progress.
    The Coast Guard is establishing a second safety zone through a 
separate rulemaking found in Docket number USCG-2019-0122, published 
elsewhere in this issue of the Federal Register, to ensure the safety 
of vessels and persons transiting the area during offloading operations 
once the vessel is moored at 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.

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 
and traffic management of the safety zone. The safety zone will allow 
for vessels to transit through the safety zone with permission while 
the M/V ZHEN HUA 25 is underway or in a designated anchorage without 
permission if certain requirements are met. 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 
ZHEN HUA 25 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 will 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

[[Page 10417]]

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 of a vessel 
carrying post-Panamax gantry cranes. 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: 46 U.S.C. 70034, 70051; 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.T05-0109 to read as follows:


Sec.  165.T05-0109  Safety Zone, 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 25 while the vessel is 
underway or anchored within Delaware Bay or River.
    (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) 
of this section without permission from the COTP if all of the 
following criteria are met:
    (i) The M/V ZHEN HUA 25 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. (1) Enforcement of the safety zone will 
begin when the M/V ZHEN HUA 25 enters the Delaware Bay Captain of the 
Port zone until midnight on May 7, 2019 unless the project is completed 
earlier.
    (2) This safety zone will not be enforced from the time arrival 
mooring operations are completed to the time departure mooring 
operations begin.
    (3) The anticipated date of arrival for the M/V ZHEN HUA 25 to the 
Delaware Bay Captain of the Port zone is March 15, 2019.

    Dated: March 15, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-05367 Filed 3-20-19; 8:45 am]
BILLING CODE 9110-04-P