[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Rules and Regulations]
[Pages 56381-56383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22963]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0850]
RIN 1625-AA00


Safety Zone; Delaware River and Schuylkill 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 for 
navigable waters within a 200-yard radius of the derrick boat ELIZABETH 
for the duration of object removal operations within the Delaware and 
Schuylkill Rivers. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
submerged object removal operations. Entry of vessels or persons into 
the zone is prohibited unless authorized by the Captain of the Port 
Delaware Bay, or certain criteria are met.

DATES: This rule is effective without actual notice from October 22, 
2019 through November 10, 2019. For the purpose of enforcement, actual 
notice will be used from October 17, 2019 through October 22, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0850 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 Edmund Ofalt, 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. There is insufficient time to allow for a 
reasonable comment period prior to the start date for submerged object 
removal operations. The rule must be in force by October 17, 2019, to 
serve its purpose of ensuring the safety of working crews and the 
general public from hazards associated with submerged object removal 
operations, to include possible diving 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 necessary to mitigate the potential safety 
hazards associated with submerged object removal operations on the 
Delaware River and Schuylkill River.

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 submerged object removal 
operations. This rule is needed to ensure the safety of personnel, 
vessels, and the marine environment within a 200-yard radius of 
submerged object removal operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from October 17, 2019, through 
November 10, 2019. The safety zone includes all navigable waters within 
200 yards of the derrick boat ELIZABETH while conducting submerged 
object removal operations on the Delaware River from Philadelphia, PA, 
to Trenton, NJ, and on the Schuylkill River in Philadelphia, PA. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative 
unless certain criteria are met.
    A vessel may transit the safety zone without obtaining permission 
from the COTP if the derrick boat ELIZABETH is contacted, via VHF-FM 
channel 13 or 16, at least one hour prior to arrival to arrange safe 
passage. A vessel transiting the safety zone must do so in a manner 
that maintains the greatest safe distance possible from the derrick 
boat ELIZABETH. Any vessel that transits in or near the safety zone 
must do so at the minimum safe speed required to maintain steering and 
reduce wake.

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 56382]]

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, lasting approximately three weeks, will be enforced in an 
area and in a manner that does not conflict with transiting commercial 
and recreational traffic. The safety zone only encompasses a small 
portion of the navigable waterway. The safety zone only covers 
navigable waters within 200 yards of the derrick boat ELIZABETH while 
conducting submerged object removal operations on the Delaware River 
from Philadelphia, PA, to Trenton, NJ, and on the Schuylkill River in 
Philadelphia, PA. Vessels wishing to transit the safety zone will 
generally be permitted, without delay, if notification is given at 
least one hour prior to arrival at the derrick boat ELIZABETH and safe 
passage is arranged.

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 
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 safety zone. It is categorically 
excluded from further review under paragraph L[60a] 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 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: 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 and Schuylkill River, 
Philadelphia, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters within 200 yards of the derrick barge ELIZABETH while the vessel 
is conducting object removal operations within the Delaware and 
Schuylkill Rivers.
    (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.

[[Page 56383]]

    (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 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) 
of this section without permission from the COTP if all of the 
following criteria are met:
    (i) The transiting vessel contacts the derrick boat ELIZABETH at 
least 1 hour prior to arrival to arrange safe passage.
    (ii) The transiting vessel maintains the minimum safe speed to 
reduce wake and maintain steerage.
    (iii) The transiting vessel maintains the maximum safe distance 
from the derrick boat ELIZABETH.
    (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 
at 5:00 a.m. on October 17, 2019, and will continue through 10:00 p.m. 
on November 10, 2019.

    Dated: October 16, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-22963 Filed 10-21-19; 8:45 am]
 BILLING CODE 9110-04-P