[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Rules and Regulations]
[Pages 20123-20124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06017]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0209]
RIN 1625-AA00


Safety Zone, Delaware River, Camden, NJ

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 500-yard radius of the USS New Jersey during 
active dead ship tow operations. The USS New Jersey will be transiting 
from berth in Camden, NJ, to Paulsboro, NJ, and then over to the Navy 
Yard in Philadelphia, PA. The safety zone, which will only be enforced 
during active towing operations, is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
the dead ship tow. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port, 
Sector Delaware Bay.

DATES: This rule is effective from March 21, 2024, through March 31, 
2024, but will only be subject to enforcement when active tow 
operations are in progress.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0209 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email MST2 Matthew Izso, Waterways Management U.S. Coast Guard; 
telephone 267-515-7294, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port, Sector Delaware Bay
DHS Department of Homeland Security
FR Federal Register
GT Gross Tonnage
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 under authority in 5 
U.S.C. 553(b)(B). This statutory 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.'' 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 
to publish an NPRM, consider comments, and publish a final rule by 
March 21, 2024, when the safety zone will be needed.
    Also, 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 because there are fewer than 30 days 
remaining before the safety zone must be in effect.

III. Legal Authority and Need for Rule

    A dead ship tow evolution consists of towing vessels moving a ship 
greater than 100GT (Gross Tonnage) that is not under its own command 
and not using its own propelling machinery. The Captain of the Port, 
Sector Delaware Bay (COTP) has determined that potential hazards 
associated with the USS New Jersey dead ship tow, such as the vessel 
having limited maneuverability, and having no main propulsion, will be 
a safety concern for anyone within a 500-yard radius of the vessel 
during the towing operations. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone while the vessel is being towed. The Coast Guard is issuing 
this rule under authority in 46 U.S.C. 70034.

IV. Discussion of the Rule

    This rule establishes a safety zone which will be in effect from 
March 21, 2024, until March 31, 2024, but which will only be enforced 
during active dead ship tow operations. The safety zone will cover all 
navigable waters within 500-yards of the USS New Jersey. The duration 
of the safety zone, and the periods during which it will be enforced, 
have been and will be, respectively, tailored to protect personnel, 
vessels, and the marine environment in these navigable waters while tow 
operations are active in order to minimize impacts on other uses of the 
waterway to those which are necessary. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).

[[Page 20124]]

    This regulatory action determination is based on the size, 
duration, the fact that the safety zone will only to periods during 
which its protections are actually needed, and the location of the 
safety zone. This rule will impact a 500-yard radius around the USS New 
Jersey, and then only during active dead ship tow operations.

B. Impact on Small Entities

    In keeping with 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, 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 lasting from March 21, 2024, until March 31, 2024, that 
will prohibit entry within 500-yards of the USS New Jersey only during 
active dead ship tow operations. 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.

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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T05-0209 to read as follows:


Sec.  165.T05-0209   Safety Zone; Delaware River, Camden, NJ.

    (a) Location. The following area is a safety zone: All waters 
within 500-yards of the USS New Jersey, from surface to bottom.
    (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) Under the general safety zone regulations in 
subpart C of this part, you may not enter 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, contact the COTP or the COTP's 
representative by 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.
    (d) Enforcement period: This section will be enforced during active 
dead ship tow operations, which will occur between March 21, 2024, and 
March 31, 2024. Notification of an enforcement period will come via 
broadcast notice to mariners.

    Dated: March 15, 2024.
K.F. Higgins-Bloom,
Captain, U.S. Coast Guard, U.S. Coast Guard, Captain of the Port Sector 
Delaware Bay.
[FR Doc. 2024-06017 Filed 3-20-24; 8:45 am]
BILLING CODE 9110-04-P