[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Proposed Rules]
[Pages 73055-73058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20358]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0680]
RIN 1625-AA00


Safety Zone; Waterway Training Area, Delaware River, Near 
Eddystone, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a safety zone for 
certain waters of the Delaware River. This action is necessary to 
provide for the safety of life on the navigable waters on a portion of 
the Delaware River near Eddystone, PA, during non-lethal signaling and 
warning device training conducted from onboard U.S. Coast Guard 
vessels. This proposed rulemaking would prohibit persons and vessels 
from being in the safety zone unless authorized by the Captain of the 
Port (COTP), Sector Delaware Bay or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 9, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0680 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MST1 Dylan Caikowski, Waterways 
Management Division, U.S. Coast Guard Sector Delaware Bay; (215) 271-
4814, [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
NM Nautical mile
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The U.S. Coast Guard is charged with numerous responsibilities to 
protect inland and coastal waterways. Missions include maritime law 
enforcement, search and rescue, marine environmental response, 
protection of marine sanctuaries, alien migration interdiction, drug 
interdiction, boating safety, port safety and security, and military 
support. One of the tools the Coast Guard uses to help execute these 
missions when encountering a non-compliant vessel is the LA51.
    The LA51 is a non-lethal signaling and warning device Coast Guard 
personnel use during law enforcement operations for getting the 
attention of vessels which do not respond to orders from the Coast 
Guard. The LA51 is a two-part (flash bang) ammunition round fired from 
a 12-gauge military shotgun to produce a visible signal at a range of 
100 meters. The explosive pyrotechnic flash is a bright, white light 
lasting less than one second with a loud report (170 decibels at the 
source).
    To maintain ports, waterways, and coastal security mission 
readiness, Coast Guard personnel within the Sector

[[Page 73056]]

Delaware Bay COTP Zone must conduct LA51 device training. At the 
present time, Coast Guard personnel within the Sector Delaware Bay COTP 
Zone must transit beyond the 12 NM baseline to conduct LA51 device 
training. This is a logistical and financial burden for the units 
within Sector Delaware Bay COTP Zone and it limits training 
opportunities. To better accommodate the Sector's training needs, the 
COTP Sector Delaware Bay is proposing to establish a safety zone 
shoreward of the 12 nautical miles (NM) baseline for use as a waterway 
training area.
    Although the LA51 has a low risk of significant injury, there is 
some risk of injury or death resulting from near or actual contact 
among training vessels and waterway users. This risk would increase if 
normal vessel traffic were to interfere with a training event. As 
training vessels would be operating near designated navigation 
channels, as well near approaches to local public boat ramps, private 
marinas and yacht clubs, and waterfront businesses, the chance of such 
contact cannot be discounted. The COTP Sector Delaware Bay has 
therefore determined that potential hazards associated with the LA51 
device trainings would be a safety concern for anyone within the 
waterway training areas.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the waterway training area before, 
during, and after the training events. The proposed safety zone 
waterway training area would only be used to conduct LA51 device 
training as needed for Coast Guard Law Enforcement training 
requirements. And the COTP Sector Delaware Bay would only activate the 
safety zone, making subject to enforcement, during periods when 
training was being conducted. If this permanent Coast Guard waterway 
training area safety zone was not established, the COTP Sector Delaware 
Bay would need to establish a temporary safety zone multiple times for 
LA51 training. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP Sector Delaware Bay is proposing to establish a safety 
zone for use as a waterway training area. The safety zone would only be 
subject to enforcement for periods when training was to take place.
    The waterway training area includes all navigable waters, on a 
portion of the Delaware River, encompassed by a line connecting the 
following points beginning at latitude 39[deg]51'05.4'' N, longitude 
075[deg]20'17.4'' W; thence east to latitude 39[deg]51'42.0'' N, 
longitude 075[deg]18'39.6'' W; thence south to latitude 
39[deg]50'38.4'' N, longitude 075[deg]18'09.0'' W; thence west to 
latitude 39[deg]50'05.4'' N, longitude 075[deg]19'37.2'' W; and thence 
north back to the beginning point. These coordinates are based on Datum 
WGS 84. The waterway training area is located near Eddystone, PA, west 
of Little Tinicum Island and east of Chester Island. The safety zone is 
a square in shape measuring approximately 2,500 yards in length and 
approximately 2,500 yards in width.
    The proposed waterway training area would be located within a 
portion of the main navigable channel in the Delaware River. Although 
this safety zone encompasses a portion of the main navigational channel 
in the Delaware River that is used by the commercial and recreational 
vessels, vessel traffic in this area would be able to safely transit 
through the safety zone, after obtaining permission from the COTP 
Sector Delaware Bay or a designated representative. The Coast Guard 
would ensure appropriate monitoring of the waterway while the safety 
zone is activated.
    The Coast Guard anticipates that the proposed safety zone would be 
activated for approximately two hours on six separate occasions 
annually--a total of approximately 12 annual enforcement hours for the 
zone. The Coast Guard anticipates that it would activate the zone at 
various times of the year during daylight hours only. Whenever a LA51 
device training event is planned, the COTP Sector Delaware Bay would 
notify the maritime community of the enforcement dates and times of the 
safety zone as the training event dictates. Such notification would be 
made by broadcast or local notice to mariners, on-scene oral notice, or 
other appropriate means in accordance with 33 CFR 165.7.
    The duration and enforcement of the zone is intended to ensure the 
safety of vessels and these navigable waters before, during, and after 
these training events. Except for training participants, no vessel or 
person would be permitted to enter the safety zone without obtaining 
permission from the COTP Sector Delaware Bay or a designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM 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, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on the size, 
duration, and location of the safety zone. It is anticipated that the 
safety zone will be activated for six separate events annually. Vessel 
traffic will be able to safely transit through the safety zone while 
being enforced, with permission from the COTP Sector Delaware Bay or a 
designated representative by telephone at (215) 271-4807 or on VHF-FM 
radio channel 16. The impact to the Delaware River would be for 
approximately 2 hours or less. Moreover, the Coast Guard will release 
the details of the zone via a Broadcast Notice to Mariners on VHF-FM 
radio channel 16 and publish in the Local Notice to Mariners.

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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it

[[Page 73057]]

qualifies and how and to what degree this rule would economically 
affect it.
    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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination With Indian Tribal 
Governments) because it would 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 proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a safety 
zone lasting approximately two hours on six separate occasions annually 
for LA51 device training. Normally such actions are categorically 
excluded from further review under paragraph L60(a) of appendix A, 
table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary 
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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.

V. 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 shape the outcome of this rulemaking. 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0680 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 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.  165.523 to read as follows:


Sec.  165.523  Safety Zone; Waterway Training Area, Sector Delaware Bay 
Captain of the Port Zone

    (a) Location. All navigable waters, on a portion of the Delaware 
River, encompassed by a line connecting the following points beginning 
at latitude

[[Page 73058]]

39[deg]51'05.4'' N, longitude 075[deg]20'17.4'' W; thence east to 
latitude 39[deg]51'42.0'' N, longitude 075[deg]18'39.6''W; thence south 
to latitude 39[deg]50'38.4'' N, longitude 075[deg]18'09.0'' W; thence 
west to latitude 39[deg]50'05.4'' N, 075[deg]19'37.2'' W; and thence 
north back to the beginning point. (WGS 84)
    (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 onboard a Coast Guard vessel 
or onboard a federal, state, or local law enforcement vessel assisting 
the Captain of the Port (COTP), Sector Delaware Bay 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 or remain in 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 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.
    (3) No vessel authorized to enter or remain in the zone may take on 
bunkers or conduct lightering operations within the safety zone during 
its enforcement period.
    (4) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (d) Enforcement. (1) The safety zone created by this section will 
be enforced only upon issuance of a Broadcast Notice to Mariners (BNM) 
by the COTP or the COTP's representative, as well as on-scene notice or 
other appropriate means in accordance with Sec.  165.7.
    (2) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.

    Dated: September 3, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-20358 Filed 9-6-24; 8:45 am]
BILLING CODE 9110-04-P