[Federal Register Volume 89, Number 104 (Wednesday, May 29, 2024)]
[Rules and Regulations]
[Pages 46328-46330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11679]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0401]
RIN 1625-AA00


Safety Zone; Delaware 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 
all navigable waters of the Delaware River within a 500-yard radius of 
the EX-USS NEW JERSEY during active dead ship tow operations from 
Philadelphia, PA to Paulsboro, NJ, and then to Camden, NJ. The 
temporary 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 (COTP).

DATES: This rule is effective from 12:01 a.m. May 29, 2024, through 
11:59 p.m. June 30, 2024, but it will only be subject to enforcement 
during active dead ship tow operations.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0401 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 MST1 Dylan Caikowski, Waterways Management U.S. 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 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

[[Page 46329]]

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 May 29, 2024, when the temporary 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 temporary safety zone must be in effect.

III. Legal Authority and Need for Rule

    A dead ship tow evolution consists of a towing vessel(s) moving a 
ship that is not under its own command and not using its own propelling 
machinery. The COTP has determined that potential hazards associated 
with the EX-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 
temporary 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 temporary safety zone which will be in 
effect from May 29, 2024, through June 30, 2024, but which will only be 
enforced during active dead ship tow operations. The temporary safety 
zone will cover all navigable waters within 500-yards of the EX-USS NEW 
JERSEY. The duration of the temporary 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 to minimize 
impacts on other uses of the waterway to those which are necessary. No 
vessel or person will be permitted to enter the temporary 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).
    This regulatory action determination is based on the size, 
duration, the fact that the temporary safety zone will only be enforced 
when protections are actually needed, and the location of the temporary 
safety zone. This rule will impact a 500-yard radius around the EX-USS 
NEW JERSEY, and only during active dead ship tow operations.

B. Impact on Small Entities

    Because Coast Guard has determined that this final rule is exempt 
from notice and comment rulemaking requirements, the provisions of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply to this 
action.
    In the spirit of 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 
temporary safety zone lasting from May 29, 2024, through June 30, 2024, 
that will prohibit entry within 500-yards of the EX-USS NEW JERSEY only 
during active dead ship tow operations. It is categorically excluded 
from further

[[Page 46330]]

review under paragraph L60(a) 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.T05-0401 to read as follows:


Sec.  165.T05-0401  Safety Zone; Delaware River, Philadelphia, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters on a section of the Delaware River between Philadelphia, PA and 
Camden, NJ, within 500-yards of the EX-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 petty 
officer, warrant or commissioned officer on board a Coast Guard vessel 
or on board a Federal, State, or local law enforcement vessel assisting 
the Captain of the Port, Sector 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 via VHF-FM channel 16 or via phone at or 215-271-4807. 
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 12:01 a.m., May 29, 
2024, and 11:59 p.m., June 30, 2024. Notification of an enforcement 
period will be released via broadcast notice to mariners.

    Dated: May 21, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-11679 Filed 5-28-24; 8:45 am]
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