[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Proposed Rules]
[Pages 19003-19005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08992]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0238]
RIN 1625-AA00
Safety Zone; Delaware River; Baker Range, DE and NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary moving
safety zone in the Baker Range portion of the Delaware River. This
action is necessary to provide for safety of life and navigation on
this portion of the Delaware River during submarine power cable laying
operations. This proposed rulemaking would prohibit persons and vessels
from entering or transiting through the safety zone without
authorization of the Captain of the Port Delaware Bay or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 3, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0238 using the Federal eRulemaking Portal at https://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
proposed rulemaking, call or email Petty Officer Edmund Ofalt, U.S.
Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast
Guard; telephone (215) 271-4814, 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, Purpose, and Legal Basis
On October 2, 2018, the Harlan Electric Company notified the Coast
Guard of construction activities in the Delaware River involving
submerged cable laying operations. The submerged cable laying
operations are scheduled to begin on July 1, 2019, and continue through
September 20, 2019. During this time, the cable laying operations will
intermittently take place within the main navigation channel. The
Captain of the Port Delaware Bay has determined that hazards associated
with these operations would be a safety concern for anyone within 300
yards of the M/V ULISSE and any associated equipment.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 300-yard radius of the M/V ULISSE
during cable laying operations. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C.
1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary moving safety zone
from July 1, 2019, through September 20, 2019. The safety zone would
cover all navigable waters within 300 yards of the M/V ULISSE in and
around the Baker Range on the Delaware River. The duration of the zone
is intended to ensure the safety of vessels and these navigable waters
during submerged cable laying operations. Vessels would be allowed to
enter the safety zone if they get permission from the COTP or a
designated representative. Vessels would also be allowed to enter the
zone if the vessel maintains minimum safe speed to reduce wake and
maintain steerage, contact is made with the M/V ULISSE and safe passage
is arranged, vessel begins and completes its transit only when the M/V
ULISSE is not conducting cable laying operations within Baker Range
Channel.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive
[[Page 19004]]
Order 12866. Accordingly, the NPRM 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
and duration of the safety zone. Vessel traffic would be provided
notice of the safety zone's expected location, specifically any main
navigational channel impact, approximately 12 hours in advance via
Broadcast Notice to Mariners and Marine Safety Information Bulletin.
This would allow vessel traffic to plan accordingly and minimize the
effect on vessel traffic. Any channel obstructions are expected to be
less than four hours per obstruction event.
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
proposed 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
IV.A above, this proposed 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 proposed 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 proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule involves a safety zone for all
navigable waters within 300 yards of cable laying operations in 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 proposed 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.
V. 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. Your comment can help shape the outcome of this rulemaking. 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 https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://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 or a
final rule is published.
[[Page 19005]]
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 proposes
to amend 33 CFR 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.T05-0238, to read as follows:
Sec. 165.T05-0238 Safety Zone; Delaware River; Baker Range, PA.
(a) Location. The following area is a safety zone: All navigable
waters within 300 yards of the M/V ULISSE during submarine cable laying
operations in and around Baker Range on the Delaware 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 zone
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 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 without prior authorization
from the COTP or COTP's representative if they meet all of the
following criteria:
(i) Vessel shall maintain the minimum safe speed to reduce wake and
maintain steerage.
(ii) Vessel must contact the M/V ULISSE and arrange for safe
passage.
(iii) Vessel may begin, and must complete, its transit only when M/
V ULISSE is not conducting cable laying operations within Baker Range
Channel as depicted on U.S. Nautical Charts 12311 or US5DE13M. Cable
laying operations within the channel will be announced via Broadcast
Notice to Mariners and are expected to last approximately 4 hours at a
time.
(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
July 1, 2019, and continue through September 20, 2019.
Dated: April 29, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-08992 Filed 5-2-19; 8:45 am]
BILLING CODE 9110-04-P