Safety Zone, Delaware River; Wilmington, DE, 59821-59824 [2013-22761]
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Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
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13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (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 special
local regulations issued in conjunction
with a regatta or marine parade. This
rule is categorically excluded from
further review under paragraph (34)(h)
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of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
E. List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35T07–0101
to read as follows:
■
§ 100.35T07–0101 Special Local
Regulations; Clearwater Super Boat
National Championship Race, Gulf of
Mexico; Clearwater, FL.
(a) Regulated Areas. The following
regulated areas are established as
special local regulations. All
coordinates are North American Datum
1983.
(1) Race Area. All waters of the Gulf
of Mexico contained within the
following points: 27°58.96′ N, 82°50.05′
W, thence to position 27°58.60′ N,
82°50.04′ W, thence to position
27°58.64′ N, 82°50.14′ W, thence to
position 28°00.43′ N, 82°50.02′ W,
thence to position 28°00.45′ N, 82°50.13′
W, thence back to the start/finish
position.
(2) Buffer Area. All waters of the Gulf
of Mexico encompassed within the
following points: 27′58.44′ N, 82°50.24′
W, thence to position 27°58.27′ N,
82°49.92′ W, thence to position
28°00.59′ N, 82°50.23′ W, thence to
position 28°00.65′ N, 82°49.71′ W,
thence back to position 27°58.44′ N,
82°50.24′ W.
(2) Spectator Area. All waters of Gulf
of Mexico seaward of the following
points: 27°58.60′ N, 82°50.23′ W, thence
to position 28°00.47′ N, 82°50.24′ W. All
vessels are to be anchored and/or
operate at a No Wake Speed in the
spectator area. On-scene designated
representatives will direct spectator
vessels to the spectator area.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
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59821
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port St. Petersburg in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the Race Area unless
an authorized race participant.
(2) All persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the Buffer area, except for those
vessels enforcing the buffer area or
authorized race participants transiting
to the race area.
(3) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated areas by contacting the
Captain of the Port St. Petersburg by
telephone at (727) 824–7524, or a
designated representative via VHF radio
on channel 16. If authorization is
granted by the Captain of the Port St.
Petersburg or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port St. Petersburg or a
designated representative.
(4) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective Date. This rule will be
enforced from 9:30 a.m. until 4:30 p.m.
on September 29, 2013.
Dated: September 13, 2013.
G. D. Case,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 2013–23531 Filed 9–26–13; 11:15 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0827]
RIN 1625–AA00
Safety Zone, Delaware River;
Wilmington, DE
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
during the dredging of Cherry Island
Range Deepwater Point Anchorage No. 6
in the Delaware River. Norfolk
SUMMARY:
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Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations
Construction and the Dredge ESSEX
have been contracted by the Army Corps
of Engineers for maintenance dredging
of a portion of the Delaware River.
Submerged pipeline will be present in
the northern half of Deepwater
Anchorage No. 6 to facilitate the project.
This regulation is necessary to
provide for the safety of life on the
navigable waters of the Delaware River.
This safety zone is intended to restrict
vessel traffic movement to protect
mariners from the hazards associated
with the presence of the submerged
pipeline in the anchorage.
DATES: This rule is effective as to
persons with actual notice from 5 a.m.
on September 10, 2013, until 11 p.m. on
October 15, 2013. In compliance with 5
U.S.C. 552(a)(1), this rule is effective
without actual notice from the date it is
published in the Federal Register,
September 30, 2013, until 11 p.m. on
October 15, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0827]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Veronica Smith, Chief
Waterways Management, Sector
Delaware Bay, U.S. Coast Guard;
telephone (215) 271–4851, email
veronica.l.smith@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and Information
The Coast Guard is issuing this
temporary 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
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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. Immediate action is necessary
to provide for the safety of life and
property in the navigable water.
Publishing an NPRM is impracticable
given that the final details for this event
were not received by the Coast Guard
until August 28, 2013. Vessels transiting
or attempting to transit the northern half
of Deepwater Point Anchorage No. 6
during pipe-laying or dredging
operations may be at risk. Delaying this
rule to wait for a notice and comment
period to run would be contrary to the
public interest as it would inhibit the
Coast Guard’s ability to protect the
public from the hazards associated with
pipe-laying and dredging 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. Any delay encountered in this
regulation’s effective date would be
contrary to the public interest because
immediate action is needed to provide
for the safety of life and property from
the hazards associated with pipe-laying
operations.
B. Basis and Purpose
The Army Corps of Engineers has
hired Norfolk Dredging Company to
conduct maintenance dredging in the
Delaware River main channel. Norfolk
Dredging Company will be placing
submerged pipeline in the northern half
of Deepwater Point Anchorage with the
Dredge Essex to facilitate this project.
This regulation is necessary because
there will be pipe-laying and dredging
operations conducted in the anchorage
and navigable channel. The purpose of
the rule is to protect mariners and
spectators in the area from the potential
hazards associated with pipe-laying and
dredging operations. The Captain of the
Port is establishing this safety zone to
ensure the safety of life and property of
all mariners and vessels transiting the
local area.
C. Discussion of the Final Rule
To mitigate the risks associated with
the pipe-laying and dredging operations,
the Captain of the Port, Sector Delaware
Bay will enforce a safety zone while
submerged pipeline is present through
the duration of the dredging operations
in Cherry Island Range. The safety zone
will encompass all waters of Deepwater
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Anchorage No. 6, Delaware River,
Wilmington, DE from the northeast
corner of the anchorage at position
39°42.675′ N, 075°29.872′ W to the
northwest corner of Anchorage No. 6,
next to the channel at position
39°42.842′ N, 075°30.386′ W, south
along the eastern channel boundary to
position 39°42.214′ N, 075°30.619′ W,
east to position 39°42.223′ N,
075°30.287′ W, then north to the first
position. The safety zone will be in
effect for an estimated 36 day period
from September 10, 2013, from 5:00 a.m.
until October 15, 2013 at 11:00 p.m.
unless cancelled earlier by the Captain
of the Port. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Delaware
Bay, or her on-scene representative. The
Captain of the Port, Sector Delaware
Bay, or her on-scene representative may
be contacted via VHF channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
Although this regulation will restrict
vessel traffic from operating within the
safety zone on the navigable waters of
Deepwater Point Anchorage No. 6,
Delaware River, Wilmington, DE, the
effect of this regulation will not be
significant due to the limited duration
of the safety zone and the availability of
other nearby anchorages. The safety
zone will be enforced in an area and in
a manner that does conflict with
transiting commercial and recreational
traffic. The Coast Guard does not
anticipate any significant economic
impact because the safety zone will only
be enforced in the upper half of the
anchorage for a limited period of time.
Furthermore, during the enforcement
period, vessels may request permission
to transit through the safety zone;
permission may be granted by the on-
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scene Coast Guard vessel on a case-bycase basis.
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2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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:
(1) This rule will affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to operate, transit, or
anchor in a portion of Deepwater Point
Anchorage No. 6 from September 10,
2013 until October 15, 2013 unless
cancelled earlier by the Captain of the
Port.
(2) This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: this rule will only
be enforced for a short period of time.
In the event that this temporary safety
zone affects shipping, commercial
vessels may request permission from the
Captain of the Port, Sector Delaware
Bay, to transit through the safety zone.
Before activation of the zone, we will
give notice to the public via a Broadcast
Notice to Mariners that the regulation is
in effect.
3. Assistance for Small Entities
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 contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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–
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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.
4. 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).
5. Federalism
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
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
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59823
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(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
implementation of regulations within 33
CFR Part 165, applicable to safety zones
on the navigable waterways. This zone
will temporarily restrict vessel traffic
from transiting through Deepwater Point
Anchorage No. 6 in order to protect the
safety of life and property on the waters
while submerged dredge pipe-laying
and dredging operations are conducted.
This rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways
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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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. Add § 165.T05–0827, to read as
follows:
■
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§ 165.T05–0827 Safety Zone, Submerged
Dredge Pipeline and Dredging, Deepwater
Point Anchorage No. 6; Delaware River,
Wilmington, DE.
(a) Regulated Area. The following area
is a safety zone: The safety zone will
encompass all waters of Deepwater
Anchorage No. 6, Delaware River,
Wilmington, DE from the northeast
corner of the anchorage at position
39°42.675′ N, 075°29.872′ W to the
northwest corner of Anchorage No. 6,
next to the channel at position
39°42.842′N, 075°30.386′ W, south along
the eastern channel boundary to
position 39°42.214′ N, 075°30.619′ W,
east to position 39°42.223′ N,
075°30.287′ W, then north to the first
position.
(b) Regulations. The general safety
zone regulations found in 33 CFR
165.23 apply to the safety zone created
by this section § 165.T05–0827.
(1) All persons and vessels are
prohibited from entering this zone,
except as authorized by the Coast Guard
Captain of the Port or her designated
representative.
(2) All persons or vessels wishing to
transit through the Safety Zone must
request authorization to do so from the
Captain of the Port or her designated
representative aboard the on-scene
Coast Guard vessel one hour prior to the
intended time of transit.
(3) Vessels granted permission to
transit through the Safety Zone must do
so in accordance with the directions
provided by the Captain of the Port or
her designated representative to the
vessel.
(4) To seek permission to transit this
safety zone, the Captain of the Port or
her designated representative can be
contacted via Sector Delaware Bay
Command Center (215) 271–4940.
(5) This section applies to all vessels
wishing to transit through the safety
zone except vessels that are engaged in
the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
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(iii) Emergency response vessels.
(6) No person or vessel may enter or
remain in a safety zone without the
permission of the Captain of the Port;
(7) Each person and vessel in a safety
zone shall obey any direction or order
of the Captain of the Port;
(8) No person may board, or take or
place any article or thing on board, any
vessel in a safety zone without the
permission of the Captain of the Port;
and
(9) No person may take or place any
article or thing upon any waterfront
facility in a safety zone without the
permission of the Captain of the Port.
(c) Definitions.
(1) Captain of the Port means the
Commander, Coast Guard Sector
Delaware Bay, or any Coast Guard
commissioned, warrant or petty officer
who has been authorized by the Captain
of the Port to act on her behalf.
(2) Designated representative means
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the Captain of the Port Delaware Bay
to assist in enforcing the safety zone
described in paragraph (a) of this
section.
(d) Enforcement. 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 for a 36 day period
from September 10, 2013, at 5:00 a.m.
until October 15, 2013 at 11:00 p.m.
unless cancelled earlier by the Captain
of the Port.
Dated: September 6, 2013.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, Delaware Bay.
[FR Doc. 2013–22761 Filed 9–27–13; 8:45 am]
BILLING CODE 9110–04–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Part 1958
[FDMS No. NARA–13–0004; Agency No.
NARA–2013–045]
RIN 3095–AB81
Fees
National Archives and Records
Administration (NARA).
ACTION: Direct final rule.
AGENCY:
The National Archives and
Records Administration (NARA) is
changing its records fees regulation to
remove the payment policy section,
which sets out methods of payment.
This is being done to allow NARA more
SUMMARY:
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flexibility in the way it accepts
payment.
This rule is effective October 30,
2013, without further action, unless
adverse comment is received is received
by October 21, 2013. If adverse
comment is received, NARA will
publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES: You may submit comments,
identified by RIN 3095–AB81, by any of
the following methods:
■ Federal eRulemaking Portal: https://
www.regulations.gov
■ Email: regulation_comments@
nara.gov
■ Mail: (For paper, disk, or CD–ROM
submissions.) Regulations Comments
Desk, Strategy Division (SP); Suite
4100; National and Archives Records
Administration; 8601 Adelphi Road;
College Park, MD 20740–6001
■ Hand delivery or courier: Deliver
comments to 8601 Adelphi Road;
College Park, MD.
Instructions: All submissions received
must include the agency name and
Regulatory Information Number (RIN)
for this rulemaking (RIN 3095–AB81).
All comments received may be
published without changes, including
any personal information provided.
FOR FURTHER INFORMATION CONTACT: For
information or questions on this
regulatory action, contact Kimberly
Keravuori, by telephone at 301–837–
3151, by email to regulation_
comments@nara.gov, or by mail to
Kimberly Keravuori, Regulations
Program Manager; Strategy Division
(SP), Suite 4100; National Archives and
Records Administration; 8601 Adelphi
Road; College Park, MD 20740–6001.
SUPPLEMENTARY INFORMATION: NARA has
facilities throughout the country that
have different capacities for handling
types of payment. In addition, new
technology and reductions in funding
cause changes to that capacity in
different ways at different facilities. Due
to the changing nature and complexity
of this situation, it is not practical or
helpful to keep a general statement of
methods of payment in the regulation
on fees. The proposed change also
includes notice that the methods of
payment information is available on
NARA’s Web site, along with the fee
schedules. This change will affect all
customers who do business with NARA.
This rule is effective upon publication
for good cause as permitted by the
Administrative Procedure Act (5 U.S.C.
553(d)(3)). NARA believes that delaying
the effective date for 30 days is
unnecessary as this rule makes only
minor changes to methods of payment.
DATES:
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]]>Agencies
[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 59821-59824]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22761]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2013-0827]
RIN 1625-AA00
Safety Zone, 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 during
the dredging of Cherry Island Range Deepwater Point Anchorage No. 6 in
the Delaware River. Norfolk
[[Page 59822]]
Construction and the Dredge ESSEX have been contracted by the Army
Corps of Engineers for maintenance dredging of a portion of the
Delaware River. Submerged pipeline will be present in the northern half
of Deepwater Anchorage No. 6 to facilitate the project.
This regulation is necessary to provide for the safety of life on
the navigable waters of the Delaware River. This safety zone is
intended to restrict vessel traffic movement to protect mariners from
the hazards associated with the presence of the submerged pipeline in
the anchorage.
DATES: This rule is effective as to persons with actual notice from 5
a.m. on September 10, 2013, until 11 p.m. on October 15, 2013. In
compliance with 5 U.S.C. 552(a)(1), this rule is effective without
actual notice from the date it is published in the Federal Register,
September 30, 2013, until 11 p.m. on October 15, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0827]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Veronica Smith, Chief Waterways Management,
Sector Delaware Bay, U.S. Coast Guard; telephone (215) 271-4851, email
veronica.l.smith@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary 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. Immediate action is necessary to provide for the
safety of life and property in the navigable water. Publishing an NPRM
is impracticable given that the final details for this event were not
received by the Coast Guard until August 28, 2013. Vessels transiting
or attempting to transit the northern half of Deepwater Point Anchorage
No. 6 during pipe-laying or dredging operations may be at risk.
Delaying this rule to wait for a notice and comment period to run would
be contrary to the public interest as it would inhibit the Coast
Guard's ability to protect the public from the hazards associated with
pipe-laying and dredging 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. Any delay encountered in this
regulation's effective date would be contrary to the public interest
because immediate action is needed to provide for the safety of life
and property from the hazards associated with pipe-laying operations.
B. Basis and Purpose
The Army Corps of Engineers has hired Norfolk Dredging Company to
conduct maintenance dredging in the Delaware River main channel.
Norfolk Dredging Company will be placing submerged pipeline in the
northern half of Deepwater Point Anchorage with the Dredge Essex to
facilitate this project. This regulation is necessary because there
will be pipe-laying and dredging operations conducted in the anchorage
and navigable channel. The purpose of the rule is to protect mariners
and spectators in the area from the potential hazards associated with
pipe-laying and dredging operations. The Captain of the Port is
establishing this safety zone to ensure the safety of life and property
of all mariners and vessels transiting the local area.
C. Discussion of the Final Rule
To mitigate the risks associated with the pipe-laying and dredging
operations, the Captain of the Port, Sector Delaware Bay will enforce a
safety zone while submerged pipeline is present through the duration of
the dredging operations in Cherry Island Range. The safety zone will
encompass all waters of Deepwater Anchorage No. 6, Delaware River,
Wilmington, DE from the northeast corner of the anchorage at position
39[deg]42.675' N, 075[deg]29.872' W to the northwest corner of
Anchorage No. 6, next to the channel at position 39[deg]42.842' N,
075[deg]30.386' W, south along the eastern channel boundary to position
39[deg]42.214' N, 075[deg]30.619' W, east to position 39[deg]42.223' N,
075[deg]30.287' W, then north to the first position. The safety zone
will be in effect for an estimated 36 day period from September 10,
2013, from 5:00 a.m. until October 15, 2013 at 11:00 p.m. unless
cancelled earlier by the Captain of the Port. Entry into, transiting,
or anchoring within the safety zone is prohibited unless authorized by
the Captain of the Port, Sector Delaware Bay, or her on-scene
representative. The Captain of the Port, Sector Delaware Bay, or her
on-scene representative may be contacted via VHF channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
Although this regulation will restrict vessel traffic from
operating within the safety zone on the navigable waters of Deepwater
Point Anchorage No. 6, Delaware River, Wilmington, DE, the effect of
this regulation will not be significant due to the limited duration of
the safety zone and the availability of other nearby anchorages. The
safety zone will be enforced in an area and in a manner that does
conflict with transiting commercial and recreational traffic. The Coast
Guard does not anticipate any significant economic impact because the
safety zone will only be enforced in the upper half of the anchorage
for a limited period of time. Furthermore, during the enforcement
period, vessels may request permission to transit through the safety
zone; permission may be granted by the on-
[[Page 59823]]
scene Coast Guard vessel on a case-by-case basis.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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:
(1) This rule will affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to operate, transit, or anchor in a portion of Deepwater Point
Anchorage No. 6 from September 10, 2013 until October 15, 2013 unless
cancelled earlier by the Captain of the Port.
(2) This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons: this
rule will only be enforced for a short period of time. In the event
that this temporary safety zone affects shipping, commercial vessels
may request permission from the Captain of the Port, Sector Delaware
Bay, to transit through the safety zone. Before activation of the zone,
we will give notice to the public via a Broadcast Notice to Mariners
that the regulation is in effect.
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(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 implementation of regulations within 33
CFR Part 165, applicable to safety zones on the navigable waterways.
This zone will temporarily restrict vessel traffic from transiting
through Deepwater Point Anchorage No. 6 in order to protect the safety
of life and property on the waters while submerged dredge pipe-laying
and dredging operations are conducted. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways
[[Page 59824]]
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: 33 U.S.C 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1
0
2. Add Sec. 165.T05-0827, to read as follows:
Sec. 165.T05-0827 Safety Zone, Submerged Dredge Pipeline and
Dredging, Deepwater Point Anchorage No. 6; Delaware River, Wilmington,
DE.
(a) Regulated Area. The following area is a safety zone: The safety
zone will encompass all waters of Deepwater Anchorage No. 6, Delaware
River, Wilmington, DE from the northeast corner of the anchorage at
position 39[deg]42.675' N, 075[deg]29.872' W to the northwest corner of
Anchorage No. 6, next to the channel at position 39[deg]42.842'N,
075[deg]30.386' W, south along the eastern channel boundary to position
39[deg]42.214' N, 075[deg]30.619' W, east to position 39[deg]42.223' N,
075[deg]30.287' W, then north to the first position.
(b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this section Sec.
165.T05-0827.
(1) All persons and vessels are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port or her
designated representative.
(2) All persons or vessels wishing to transit through the Safety
Zone must request authorization to do so from the Captain of the Port
or her designated representative aboard the on-scene Coast Guard vessel
one hour prior to the intended time of transit.
(3) Vessels granted permission to transit through the Safety Zone
must do so in accordance with the directions provided by the Captain of
the Port or her designated representative to the vessel.
(4) To seek permission to transit this safety zone, the Captain of
the Port or her designated representative can be contacted via Sector
Delaware Bay Command Center (215) 271-4940.
(5) This section applies to all vessels wishing to transit through
the safety zone except vessels that are engaged in the following
operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
(iii) Emergency response vessels.
(6) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
(7) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
(8) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
(9) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
(c) Definitions.
(1) Captain of the Port means the Commander, Coast Guard Sector
Delaware Bay, or any Coast Guard commissioned, warrant or petty officer
who has been authorized by the Captain of the Port to act on her
behalf.
(2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port Delaware Bay to assist in enforcing the safety zone described in
paragraph (a) of this section.
(d) Enforcement. 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 for a 36 day
period from September 10, 2013, at 5:00 a.m. until October 15, 2013 at
11:00 p.m. unless cancelled earlier by the Captain of the Port.
Dated: September 6, 2013.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Alternate Captain of the Port, Delaware Bay.
[FR Doc. 2013-22761 Filed 9-27-13; 8:45 am]
BILLING CODE 9110-04-P
