[Federal Register Volume 84, Number 181 (Wednesday, September 18, 2019)]
[Rules and Regulations]
[Pages 49017-49020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20101]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0782]
RIN 1625-AA00
Safety Zone; Delaware Bay and River, 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 from
the Atlantic Ocean to 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 will 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-2019-0784 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 September 18,
2019 through October 15, 2019. For the purposes of enforcement, actual
notice will be used from September 14, 2019 through September 18, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0782 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
proposed 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
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 26 is transporting post-Panamax gantry cranes to
ports within the United States. These large cranes extend beyond the
width of M/V ZHEN HUA 26 on both sides of the vessel and create a
navigational hazard to vessels operating within a certain proximity.
The cranes are fastened in a manner that facilitates passage through
the open ocean. Upon arrival to the Delaware River, M/V ZHEN HUA 26
will transit to anchorage and begin an approximately four day process
of removing the sea fastenings. The M/V ZHEN HUA 26 will then proceed,
conditions permitting, to berth
[[Page 49018]]
at the Port of Philadelphia Greenwich Terminal to deliver the cranes.
To ensure a safe transit during its inbound transit from its initial
anchorage to the Greenwich Terminal, the vessel may stop to anchor
along the way 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 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 anticipated arrival of M/V ZHEN
HUA 26 to the Delaware Bay Captain of the Port zone. The rule must be
in force by September 14, 2019, to ensure 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 immediate action is needed to mitigate the potential safety
hazards associated with transportation of post-Panamax gantry cranes
from anchorage in Delaware Bay to its berth at Greenwich Terminal in
Philadelphia, PA.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). 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 except when the vessel is moored at Greenwich
Terminal in Philadelphia, Pennsylvania. This rule is needed to protect
personnel and vessels in the navigable waters within the safety zone
while the cranes are being transported.
IV. Discussion of the Rule
The safety zone includes all navigable waters within 200 yards of
M/V ZHEN HUA 26 when the vessel first anchors within the Delaware Bay
Captain of the Port Zone until it completes its inbound transit to and
mooring operations at Greenwich Terminal in Philadelphia. Because the
vessel will not be carrying cranes on its outbound transit, this rule
will not apply to its outbound transit. The anticipated date of arrival
for the M/V ZHEN HUA 26 is September 14, 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 during the inbound transit from the
initial anchorage to Greenwich Terminal, the vessel may stop to anchor
along the way 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(s)
the vessel is anchored. Vessels will be allowed to transit through the
safety zone without seeking advance permission from the COTP Delaware
Bay while the M/V ZHEN HUA 26 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 26 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 26 is underway.
There will be a pre-designated safety vessel escorting the ZHEN HUA
26 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-2019-0784 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 26 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 26 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.
[[Page 49019]]
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
call or email 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 call or email 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 Environmental Planning COMDTINST 5090.1 (series),
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) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures. 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 call or email 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 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.T05-0782, to read as follows:
Sec. 165.T05-0782 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 26 while the vessel is
underway or anchored within the Delaware Bay Captain of the Port Zone.
(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) A vessel may transit the safety zone described in paragraph (a)
without permission from the COTP if all of the following criteria are
met:
(i) The M/V ZHEN HUA 26 is anchored in a designated anchorage as
defined in 33 CFR 110.157.
(ii) The transiting vessel maintains the minimum safe speed to
reduce wake and maintain steerage.
(iii) Unless it is a towing vessel designated as an assist tug and
operating in such capacity, the transiting vessel may not 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.
[[Page 49020]]
(e) Enforcement period. (1) Enforcement of the safety zone will
begin when the M/V ZHEN HUA 26 commences initial anchoring operations
within the Delaware Bay Captain of the Port zone until midnight on
October 15, 2019 or until mooring operations are completed at Greenwich
terminals in Philadelphia, PA.
(2) The anticipated date of arrival for the M/V ZHEN HUA 26 to the
Delaware Bay Captain of the Port zone is September 14, 2019.
Dated: September 11, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-20101 Filed 9-17-19; 8:45 am]
BILLING CODE 9110-04-P