Safety Zones, Delaware River, Pea Patch Island Anchorage No. 5 and Reedy Point South Anchorage No. 3, 12074-12077 [2014-04626]

Download as PDF 12074 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / 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. emcdonald on DSK67QTVN1PROD with RULES 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 establishment of a safety zone on the navigable waters of Lake Havasu. This rule is categorically excluded from further review under paragraph 34(g) of VerDate Mar<15>2010 17:49 Mar 03, 2014 Jkt 232001 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. 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 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, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T11–618 to read as follows: ■ § 165.T11–618 Safety zone; Havasu Triathlon, Lake Havasu, AZ. (a) Location. The limits of the safety zone will include the portion of the London Bridge Channel north of the London Bridge and all navigable waters of Lake Havasu encompassed by the following coordinates; 34°28′40″ N, 114°21′43″ W, 34°28′19″ N, 114°21′42″ W, 34°28′39″ N, 114°21′19″ W, 34°28′20″ N, 114°20′49″ W 34°28′16″ N, 114°20′54″ W (b) Enforcement period. This section will be enforced on March 22, 2014. It will be enforced from 7:30 a.m. to 9:30 a.m. (c) Definitions. The following definition applies to this section: designated representative, means any commissioned, warrant, or petty officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, or local, state, and federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) Entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port of San Diego or his designated representative. (2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or his designated representative. (3) Upon being hailed by U.S. Coast Guard or designated patrol personnel by PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed. (4) The Coast Guard may be assisted by other Federal, State, or local agencies. Dated: February 12, 2014. S.M. Mahoney, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. 2014–04735 Filed 3–3–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2014–0051] RIN 1625–AA00 Safety Zones, Delaware River, Pea Patch Island Anchorage No. 5 and Reedy Point South Anchorage No. 3 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing temporary safety zones closing Pea Patch Island Anchorage No. 5 and the upper portion of Reedy Point South Anchorage No. 3 to anchoring operations in order to facilitate dredging in New Castle Range in the Delaware River. These regulations are necessary to provide for the safety of life on the navigable waters of Pea Patch Island and Reedy Point South Anchorages. These closures are intended to restrict vessel anchoring to protect mariners from the hazards associated with ongoing dredging operations. DATES: This rule is effective without actual notice from March 4, 2014 until April 22, 2014 unless cancelled earlier by the Captain of the Port. For purposes of enforcement, actual notice will be used from the date the rule was signed, February 12, 2014, until March 4, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2014–0051]. 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. SUMMARY: E:\FR\FM\04MRR1.SGM 04MRR1 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations B. Basis and Purpose and 5 p.m., Monday through Friday, except Federal holidays. 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 Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking emcdonald on DSK67QTVN1PROD with RULES 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 the dredging operation were not received by the Coast Guard until February 6, 2014. Vessels attempting to anchor in either Pea Patch Island or Reedy Point South Anchorages 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 and dredging operations. VerDate Mar<15>2010 17:49 Mar 03, 2014 Jkt 232001 Norfolk Dredging Company has been contracted by the Army Corps of Engineers (ACOE) to conduct maintenance dredging in the Delaware River within New Castle Range in order to maintain channel depth. This project requires the placement of floating and submerged pipeline, along with placement of an anchor barge, within Pea Patch Island Anchorage No. 5. Due to the presence of the pipeline, vessels are not permitted to anchor within Pea Patch Island Anchorage for the duration of the dredging project. In addition, as the dredging project proceeds south and approaches the entrance of the Chesapeake and Delaware (C & D) Canal, vessels heading north through the Delaware River with intent to transit the Canal will be re-directed through the upper portion of Reedy Point South Anchorage No. 3. This portion of Anchorage No. 3 will be closed for anchoring purposes during this time. Notice of the closure will be broadcast to mariners at the appropriate time. The Captain of the Port will reopen both anchorages once all submerged pipeline has been recovered and dredging operations are complete. At such time, notice that the temporary closure of the anchorages is no longer in effect will be broadcast to mariners. The Captain of the Port is establishing these safety zones to ensure the safety of life and property of all mariners and vessels transiting the local area. C. Discussion of the Temporary Final Rule The Coast Guard Captain of the Port is temporarily establishing safety zones closing Pea Patch Island Anchorage No. 5 and the upper portion of Reedy Point South Anchorage No. 3 to anchoring operations from February 12, 2014 until April 22, 2014, unless cancelled earlier by the Captain of the Port once operations are complete. The safety zones will include all waters within the boundaries of Pea Patch Island Anchorage No. 5 and all waters within a portion of Reedy Point Anchorage No. 3 above a line drawn between positions 39°33′7.5″ N, 75°33′2.0″ W and 39°33′8.8″ N and 75°32′31.8″ W, as charted on NOAA chart 12311. Vessels will not be permitted to anchor within these areas of Anchorage No. 5 or Anchorage No. 3. The Captain of the Port, Sector Delaware Bay, or her onscene representative may be contacted via VHF channel 16. D. Regulatory Analyses We developed this rule after considering numerous statutes and PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 12075 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 access to the regulated area, the effect of this rule will not be significant because: (i) The Coast Guard will make extensive notification of the closure to the maritime public via maritime advisories so mariners can alter their plans accordingly, and (ii) this rule will be enforced for only the duration of dredging operations. 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 Anchorage No. 5 or Anchorage No. 3 from February 12, 2014 until April 22, 2014 unless cancelled earlier by the Captain of the Port once operations are complete. (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. 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), E:\FR\FM\04MRR1.SGM 04MRR1 12076 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations 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). emcdonald on DSK67QTVN1PROD with RULES 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 17:49 Mar 03, 2014 Jkt 232001 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 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. VerDate Mar<15>2010 will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 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 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 implementation of regulations within 33 CFR Part 165, applicable to safety zones on the navigable waterways. These zones will temporarily restrict vessel traffic from anchoring in Pea Patch Island Anchorage No. 5 or Reedy Point South Anchorage No.3 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. 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.T05–0051, to read as follows: ■ § 165.T05–0051 Safety Zones, Delaware River, Pea Patch Island Anchorage No. 5 and Reedy Point South Anchorage No. 3. (a) Regulated Area. The safety zones will include all waters within the boundaries of Pea Patch Island Anchorage No. 5 and all waters within a portion of Reedy Point Anchorage No. 3 above a line drawn between positions 39°33′7.5″ N, 75°33′2.0″ W and 39°33′8.8″ N and 75°32′31.8″ W, as charted on NOAA chart 12311. (b) Regulations. The general safety zone regulations found in 33 CFR 165.23 apply to the safety zones created by this section § 165.T05–0051. (1) All persons and vessels are prohibited from entering these zones, except as authorized by the Coast Guard Captain of the Port or her designated representative. (2) 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 or VHF channel 16. Vessels should contact the Dredge ESSEX on VHF channel 13 E:\FR\FM\04MRR1.SGM 04MRR1 Federal Register / Vol. 79, No. 42 / Tuesday, March 4, 2014 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES or 16 at least 30 minutes prior to arrival for passing information. (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. (4) 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. (5) No person or vessel may enter or remain in a safety zone without the permission of the Captain of the Port; (6) Each person and vessel in a safety zone shall obey any direction or order of the Captain of the Port; (7) 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 (8) 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 is enforced on February 12, 2014 until April 22, 2014, unless cancelled earlier by the Captain of the Port once all operations are complete. Dated: February 12, 2014. K. Moore, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2014–04626 Filed 3–3–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2013–0628: FRL–9907–38– Region 10] Approval and Promulgation of Implementation Plans; Washington: State Implementation Plan Miscellaneous Revisions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving changes to the Washington State Implementation Plan (SIP) submitted by the Washington Department of Ecology (Ecology) dated November 20, 2013. This SIP revision updates ambient air quality standards for carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. DATES: This final rule is effective on April 3, 2014. ADDRESSES: The EPA has established a docket for this action under Docket Identification No. EPA–R10–OAR– 2013–0628. All documents in the docket are listed on the https:// www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https:// www.regulations.gov or in hard copy at EPA Region 10, Office of Air, Waste, and Toxics, AWT–107, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Jeff Hunt at (206) 553–0256, hunt.jeff@ epa.gov, or the above EPA, Region 10 address. SUMMARY: SUPPLEMENTARY INFORMATION: Throughout this document, wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, it is intended to refer to the EPA. Table of Contents I. Background II. Final Action VerDate Mar<15>2010 17:49 Mar 03, 2014 Jkt 232001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 12077 III. Statutory and Executive Order Reviews I. Background An explanation of the Clean Air Act requirements and implementing regulations that are met by this State Implementation Plan (SIP) submittal, a detailed explanation of the revision, and the EPA’s reasons for approving it were provided in the notice of proposed rulemaking published on December 31, 2013, and will not be restated here (78 FR 79652). The public comment period for this proposed rule ended on January 30, 2014. The EPA did not receive any comments on the proposal. II. Final Action The EPA is approving Chapter 173– 476 WAC Ambient Air Quality Standards into the State of Washington’s SIP. These changes are consistent with, or more stringent than, the EPA’s standards for carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. Additionally, Ecology repealed Chapter 173–470 WAC that contained outdated standards for particulate matter, previously approved into the SIP on January 15, 1993 (58 FR 4578). As described in the proposed rulemaking for this action, the EPA has made a final determination to remove Chapter 173– 470 from the SIP because all current particulate matter standards are now consolidated in the newly created Chapter 173–476 WAC. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501, et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.); E:\FR\FM\04MRR1.SGM 04MRR1

Agencies

[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Rules and Regulations]
[Pages 12074-12077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04626]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0051]
RIN 1625-AA00


Safety Zones, Delaware River, Pea Patch Island Anchorage No. 5 
and Reedy Point South Anchorage No. 3

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones closing 
Pea Patch Island Anchorage No. 5 and the upper portion of Reedy Point 
South Anchorage No. 3 to anchoring operations in order to facilitate 
dredging in New Castle Range in the Delaware River. These regulations 
are necessary to provide for the safety of life on the navigable waters 
of Pea Patch Island and Reedy Point South Anchorages. These closures 
are intended to restrict vessel anchoring to protect mariners from the 
hazards associated with ongoing dredging operations.

DATES: This rule is effective without actual notice from March 4, 2014 
until April 22, 2014 unless cancelled earlier by the Captain of the 
Port. For purposes of enforcement, actual notice will be used from the 
date the rule was signed, February 12, 2014, until March 4, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0051]. 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.

[[Page 12075]]

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 Cheryl Collins, 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 the dredging 
operation were not received by the Coast Guard until February 6, 2014. 
Vessels attempting to anchor in either Pea Patch Island or Reedy Point 
South Anchorages 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 and dredging 
operations.

B. Basis and Purpose

    Norfolk Dredging Company has been contracted by the Army Corps of 
Engineers (ACOE) to conduct maintenance dredging in the Delaware River 
within New Castle Range in order to maintain channel depth. This 
project requires the placement of floating and submerged pipeline, 
along with placement of an anchor barge, within Pea Patch Island 
Anchorage No. 5. Due to the presence of the pipeline, vessels are not 
permitted to anchor within Pea Patch Island Anchorage for the duration 
of the dredging project. In addition, as the dredging project proceeds 
south and approaches the entrance of the Chesapeake and Delaware (C & 
D) Canal, vessels heading north through the Delaware River with intent 
to transit the Canal will be re-directed through the upper portion of 
Reedy Point South Anchorage No. 3. This portion of Anchorage No. 3 will 
be closed for anchoring purposes during this time. Notice of the 
closure will be broadcast to mariners at the appropriate time. The 
Captain of the Port will reopen both anchorages once all submerged 
pipeline has been recovered and dredging operations are complete. At 
such time, notice that the temporary closure of the anchorages is no 
longer in effect will be broadcast to mariners. The Captain of the Port 
is establishing these safety zones to ensure the safety of life and 
property of all mariners and vessels transiting the local area.

C. Discussion of the Temporary Final Rule

    The Coast Guard Captain of the Port is temporarily establishing 
safety zones closing Pea Patch Island Anchorage No. 5 and the upper 
portion of Reedy Point South Anchorage No. 3 to anchoring operations 
from February 12, 2014 until April 22, 2014, unless cancelled earlier 
by the Captain of the Port once operations are complete. The safety 
zones will include all waters within the boundaries of Pea Patch Island 
Anchorage No. 5 and all waters within a portion of Reedy Point 
Anchorage No. 3 above a line drawn between positions 
39[deg]33[min]7.5[sec] N, 75[deg]33[min]2.0[sec] W and 
39[deg]33[min]8.8[sec] N and 75[deg]32[min]31.8[sec] W, as charted on 
NOAA chart 12311. Vessels will not be permitted to anchor within these 
areas of Anchorage No. 5 or Anchorage No. 3. 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 access to the regulated 
area, the effect of this rule will not be significant because: (i) The 
Coast Guard will make extensive notification of the closure to the 
maritime public via maritime advisories so mariners can alter their 
plans accordingly, and (ii) this rule will be enforced for only the 
duration of dredging operations.

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 Anchorage No. 5 or Anchorage No. 3 
from February 12, 2014 until April 22, 2014 unless cancelled earlier by 
the Captain of the Port once operations are complete.
    (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. 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),

[[Page 12076]]

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. 
These zones will temporarily restrict vessel traffic from anchoring in 
Pea Patch Island Anchorage No. 5 or Reedy Point South Anchorage No.3 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.

    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.T05-0051, to read as follows:


Sec.  165.T05-0051  Safety Zones, Delaware River, Pea Patch Island 
Anchorage No. 5 and Reedy Point South Anchorage No. 3.

    (a) Regulated Area. The safety zones will include all waters within 
the boundaries of Pea Patch Island Anchorage No. 5 and all waters 
within a portion of Reedy Point Anchorage No. 3 above a line drawn 
between positions 39[deg]33[min]7.5[sec] N, 75[deg]33[min]2.0[sec] W 
and 39[deg]33[min]8.8[sec] N and 75[deg]32[min]31.8[sec] W, as charted 
on NOAA chart 12311.
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zones created by this section Sec.  
165.T05-0051.
    (1) All persons and vessels are prohibited from entering these 
zones, except as authorized by the Coast Guard Captain of the Port or 
her designated representative.
    (2) 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 or VHF channel 16. Vessels 
should contact the Dredge ESSEX on VHF channel 13

[[Page 12077]]

or 16 at least 30 minutes prior to arrival for passing information.
    (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.
    (4) 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.
    (5) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (6) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (7) 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
    (8) 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 is enforced on February 12, 
2014 until April 22, 2014, unless cancelled earlier by the Captain of 
the Port once all operations are complete.

    Dated: February 12, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-04626 Filed 3-3-14; 8:45 am]
BILLING CODE 9110-04-P