[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Rules and Regulations]
[Pages 42303-42305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13507]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0344]
RIN 1625-AA00


Safety Zone, Object Removal; Delaware River and Bay, 
Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Interim final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of the Delaware River and Bay within 250 yards of the bucket 
dredge KOKO VI, towing vessel GEORGETOWN, the deck barge BC 45, and all 
associated equipment while object removal, dredging, and diving 
operations are taking place. This safety zone is needed to protect 
personnel, vessels, and the marine environment from hazards created by 
the aforementioned operations. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port Delaware Bay (COTP) or his designated representitives.

DATES: This rule is effective without actual notice from July 14, 2020 
through October 15, 2020. For the purposes of enforcement, actual 
notice will be used from June 18, 2020, through July 14, 2020.
    Comments and related material must be received by the Coast Guard 
on or before August 13, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0344 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, Waterways Management Branch, 
U.S. Coast Guard Sector Delaware Bay; 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 interim final 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 starte date for object removal, 
dredging and diving operations. The rule needs to be issued and 
enforceable with actual notice by June 18, 2020, to serve its purpose 
of ensuring the safety of the general public

[[Page 42304]]

from hazards associated with these 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 object removal, dredging and diving operations 
within 250 yards of the bucket dredge KOKO VI, towing vessel 
GEORGETOWN, barge BC 45, and all associated equipment.
    We are soliciting comments on this rulemaking. If the Coast Guard 
determines that changes to the rule are necessary we will publish a 
temporary final rule or other appropriate document.

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 object removal, dredging and 
diving operations. The purpose of this rulemaking is to ensure the 
safety of personnel, vessels, and the marine environment within a 250-
yard radius of these operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from June 18, 2020, through 
October 15, 2020. The safety zone is necessary to facilitate the main 
channel deepening of the Delaware River and Bay. Object removal 
operations will most likely be conducted with the dredge KOKO VI, 
towing vessel GEORGETOWN, and deck barge BC 45, though other dredges or 
vessels may be used, along with associated equipment. Due to the 
hazards related to these operations a safety zone is being established 
for all navigable waters within 250 yards of the vessels conducting 
these operations.
    Entry into, transiting or anchoring within the safety zone is 
prohibited unless the vessel obtains permission from the COTP or makes 
satisfactory passing arrangements with the operating dredge per this 
rule and the Rules of the Road (33 CFR subchapter E). Though the dredge 
KOKO VI, towing vessel GEORGETOWN, and deck barge BC 45 are the primary 
vessels to be used in these operations, the COTP may update the 
information and the vessels being utilized with these operations via 
Marine Safety Information Bulletin and Broadcast Notice to Mariners.

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 size, 
location, and duration of the safety zone. The safety zone will be 
enforced in a manner that does not conflict with transiting commercial 
and recreational traffic. Vessels may transit through or around the 
safety zone if satisfactory passing arrangements can be agreed upon.

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.

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,

[[Page 42305]]

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, Rev. 1, associated implementing instructions, 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 to protect waterway users that would prohibit entry within 
250 yards of object removal, dredging and diving operations within and 
around the main navigational channel. Vessels may request permission to 
enter or transit through the safety zone. It is categorically excluded 
from further review under paragraph L[60a] of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

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.

VI. 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 us amend this regulation so that it 
provides a better solution to the problem we seek to address. We may 
issue a temporary final rule or other appropriate document in response 
to your comments. 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 https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email 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 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this temporary interim rule 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.

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.T05-0344, to read as follows:


Sec.  165.T05-0344   Safety Zone, Object Removal; Delaware River and 
Bay, Philadelphia, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters within 250 yards of the dredge KOKO VI, the towing vessel 
GEORGETOWN, the deck barge BC 45, and all associated equipment while 
conducting object removal, dredging and dive operations within the 
Delaware Bay and River.
    (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) Entry into or transiting within the safety 
zone identified in paragraph (a) of this section is prohibited unless 
vessels obtain permission from the Captain of the Port or his 
designated representitives via VHF-FM channel 16 or 215-271-4807, or 
make satisfactory passing arrangements via VHF-FM channel 13 or 8 with 
the operating dredge per this section and the rules of the Road (33 CFR 
subchapter E). To avoid transit delays, vessels requesting to transit 
should contact the operating dredge via VHF-FM channel 13 or 8 at least 
1 hour prior to arrival.
    (2) This section applies to all vessels except those engaged in the 
following operations: Enforcement of laws, service of aids to 
navigation, and emergency response.
    (d) Enforcement agencies. 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 section will be enforced from June 18, 
2020, through October 15, 2020, unless cancelled earlier by the Captain 
of the Port.

    Dated: June 18, 2020.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2020-13507 Filed 7-13-20; 8:45 am]
BILLING CODE 9110-04-P