[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76417-76419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21157]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0867]
RIN 1625-AA00


Safety Zone; Christina River, Delaware River, Wilmington, DE

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 1,000-yard radius of the oil transfer dock at 
Buckeye Terminal Wilmington, in Wilmington, DE. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by a fuel oil discharge. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port, Sector Delaware Bay or a designated 
representative.

DATES: This rule is effective without actual notice from September 18, 
2024 through 11:59 p.m. September 19, 2024. For the purposes of 
enforcement, actual notice will be used from 11 a.m. September 12, 
2024, until September 18, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0867 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 Petty Officer Dylan Caikowski, Waterways Management 
Division, U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-
4814, 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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    A fuel oil discharge occurred at the oil transfer dock at Buckeye 
Terminal, in Wilmington, Delaware, on September 12, 2024, and prompt 
action is needed to respond to the potential safety hazards associated 
a fuel oil discharge into a navigable waterway. The Coast Guard is 
issuing this temporary rule under the 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 would be contrary to the public 
interest to delay publication of a final rule to deal with this 
emergency situation.
    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 and contrary to the public interest 
because prompt action is needed to respond to the potential safety 
hazards associated a fuel oil discharge into a navigable waterway.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Delaware Bay (COTP) has 
determined that potential hazards associated with a fuel oil discharge 
into a navigable waterway will be a safety concern for anyone within a 
1,000-yard radius of the oil transfer dock at Buckey Terminal 
Wilmington, in Wilmington, DE. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while responding to a discharge of fuel oil.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from September 12, 
2024, through September 19, 2024. The safety zone will cover all 
navigable waters of the Christina River and the Delaware River within 
1,000 yards of the oil transfer dock at Buckeye Terminal Wilmington, in 
Wilmington, DE, in position latitude 39[deg]42.96' N, longitude 
75[deg]30.84' W. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while responding to a discharge of fuel oil. 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).
    This regulatory action determination is based on size, duration, 
and location of the temporary safety zone. The safety zone is effective 
for 7 days but will only be enforced while personnel are responding to 
the fuel oil discharge. Vessel traffic may be able to transit through 
the safety zone if authorized by

[[Page 76418]]

the COTP or a designated representative. Moreover, the Coast Guard will 
release the details of the zone via a Broadcast Notice to Mariners on 
VHF-FM radio channel 16.

B. Impact on Small Entities

    The regulatory flexibility analysis provisions of the Regulatory 
Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, do not apply 
this rule. They do not apply because this rule fits a 5 U.S.C. 
553(b)(B) good-cause exception for notice-and-comment rulemaking. 
Therefore, we were not required to publish a notice of proposed 
rulemaking. 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, 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 only 7 days that will prohibit entry 
within 1,000 yards of Buckeye Terminal Wilmington, in Wilmington, DE, 
to respond to the potential safety hazards associated a fuel oil 
discharge into a navigable waterway. It is categorically excluded from 
further review under paragraph L60(c) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1.

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.T05-0867, to read as follows.


Sec.  165.T05-0867  Safety Zone; Christina River, Delaware River, 
Wilmington, DE

    (a) Location. All navigable waters of the Christina River and the 
Delaware River, within 1,000 yards of the oil transfer dock at Buckeye 
Terminal Wilmington, in Wilmington DE, in position latitude 
39[deg]200E;42.96'N, longitude 75[deg]200E;30.84'W. (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 on board a Coast Guard vessel 
or on board 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) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (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. This rule will be in effect from 11 a.m. on 
September 12, 2024, to 11:59 p.m. on September 19, 2024.


[[Page 76419]]


    Dated: September 12, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-21157 Filed 9-17-24; 8:45 am]
BILLING CODE 9110-04-P