Safety Zone, Delaware River; Marcus Hook, PA, 88112-88115 [2016-29261]
Download as PDF
88112
Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations
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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
asabaliauskas on DSK3SPTVN1PROD with RULES
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
Management Directive 023–01 and
Commandant Instruction M16475.lD,
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
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environment. This rule involves a safety
zone lasting less than one hour that will
prohibit entry from mile 179.2 to mile
180 on the UMR. It is categorically
excluded from further review under
paragraph 34(g) 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.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16,
or through Coast Guard Sector Upper
Mississippi River at 314–269–2332.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement periods. This section
will be enforced from 7:45 p.m. to 8:40
p.m. on December 31, 2016.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcast notices to mariners of the
enforcement period for the safety zone.
Dated: December 1, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. 2016–29315 Filed 12–6–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–1034]
RIN 1625–AA00
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; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–1020 to read as
follows:
■
§ 165.T08–1020 Safety Zone; Upper
Mississippi River, St. Louis, MO.
(a) Location. The following area is a
safety zone: All waters of the Upper
Mississippi River between miles 179.2
to 180, St. Louis, MO.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Upper Mississippi River
(COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
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Safety Zone, Delaware River; Marcus
Hook, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Delaware River in the
vicinity of Marcus Hook, Pennsylvania.
The safety zone will temporarily restrict
vessel traffic from transiting or
anchoring in a portion of the Delaware
River while rock blasting, dredging, and
rock removal operations are being
conducted to facilitate the Delaware
River Main Channel Deepening project
for the main navigational channel of the
Delaware River. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by rock
blasting, dredging, and rock removal
operations. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port or his designated
representatives.
DATES: This rule is effective without
actual notice from December 7, 2016
through March 15, 2017. For the
purposes of enforcement, actual notice
SUMMARY:
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Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations
will be used from December 1, 2016,
through December 7, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
1034 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email Marine Science Technician
First Class Tom Simkins, U.S. Coast
Guard, Sector Delaware Bay, Waterways
Management Division, Coast Guard;
telephone (215) 271–4889, email
Tom.J.Simkins@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
asabaliauskas on DSK3SPTVN1PROD with RULES
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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 doing
so would be impractical and contrary to
the public interest because
environmental restrictions put in place
by the National Marine Fisheries
Service to protect Shortnose and
Atlantic sturgeon require all blasting
operations to be conducted between
December 1, 2016, and March 15, 2017.
Due to the criticality of this phase of the
Delaware River Main Channel
Deepening project, immediate action is
needed to accommodate operations
while also ensuring vessels can safely
transit through Marcus Hook Range in
the Delaware River during this time.
Going forward without establishing a
safety zone would expose mariners and
the public to unnecessary dangers
associated with rock blasting, dredging,
and rock removal operations. It is
impracticable to publish an NPRM
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because the Coast Guard must establish
this safety zone by December 1, 2016.
The final details of the rock blasting,
dredging, and rock removal operation
were not received until November 23,
2016. Publishing an NPRM would be
contrary to the public interest since
immediate action is necessary to protect
the public safety from rock blasting,
dredging, and rock removal operations.
For similar reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this
temporary rule effective less than 30
days after publication in the Federal
Register. As noted above, blasting
operations must be conducted between
December 1, 2016, and March 15, 2017.
Due to the need for immediate action,
the restriction is necessary to protect life
and property. Delaying the effective date
would be contrary to the safety zone’s
intended objectives of protecting
persons and vessels, and enhancing
public and maritime safety.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port has determined that
potential hazards associated with rock
blasting, dredging, and rock removal
operations starting December 1, 2016,
will be a safety concern for anyone
within 500 yards of rock blasting,
dredging, and rock removal operations.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the
operational area.
IV. Discussion of the Rule
This rule establishes a safety zone
between December 1, 2016, and March
15, 2017. The safety zone will cover all
navigable waters in the Delaware River
within 500 yards of vessels and
machinery being used by personnel to
conduct rock blasting, dredging, and
rock removal operations in the vicinity
of Marcus Hook, PA, between the
southern end of Marcus Hook
Anchorage to the western end of Little
Tinicum Island, at the entrance to Darby
Creek. The safety zone will be enforced
in an area and in a manner that does not
conflict with transiting commercial and
recreational traffic, except for the short
periods of time when explosive
detonation evolutions are being
conducted. The blasting detonations
will not occur more than three times a
day. At all other times, at least one side
of the main navigational channel will be
open for vessels to transit.
The duration of the zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters while operations are being
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conducted. For the duration of the
project, in the vicinity of the rock
blasting, rock removal, and dredging
operation, one side of the main
navigational channel will be closed.
Vessels wishing to transit the safety
zone in the main navigational channel
may do so if they can make satisfactory
passing arrangements with drill boat
APACHE or the dredge TEXAS in
accordance with the Navigational Rules
in 33 CFR subchapter E via VHF–FM
channel 13 at least 30 minutes prior to
arrival. If vessels are unable to make
satisfactory passing arrangements with
the drill boat APACHE or the dredge
TEXAS, they may request permission
from the Captain of the Port, or his
designated representative, on VHF–FM
channel 16. All vessels must operate at
the minimum safe speed necessary to
maintain steerage and reduce wake.
No vessels may transit through the
safety zone during times of explosives
detonation. During rock blasting
detonation vessels will be required to
maintain a 500 yard distance from the
drill boat APACHE. The drill boat
APACHE will make broadcasts, via
VHF–FM channels 13 and 16, at 15
minutes, 5 minutes, and 1 minute prior
to detonation, as well as a countdown
to detonation on VHF–FM channel 16.
Sector Delaware Bay will ensure
significant notice will be given to the
maritime community of dates and times
of blasting via broadcast notice to
mariners on VHF–FM channel 16. After
every explosive detonation a survey will
be conducted to ensure the navigational
channel is clear for vessels to transit.
The drill boat APACHE will broadcast,
via VHF–FM channel 13 and 16, when
the survey has been completed and the
channel is clear to transit. Vessels
wishing to transit the safety zone in the
main navigational channel may do so if
they can make satisfactory passing
arrangements with drill boat APACHE
or the dredge TEXAS in accordance
with the Navigational Rules in 33 CFR
subchapter E via VHF–FM channel 13 at
least 30 minutes prior to arrival. If
vessels are unable to make satisfactory
passing arrangements with the drill boat
APACHE or the dredge TEXAS, they
may request permission from the
Captain of the Port, or his designated
representative, on VHF–FM channel 16.
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.
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Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations
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.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
This regulatory action determination
is based on the size, location, duration,
and traffic management of the safety
zone. The Coast Guard does not
anticipate a significant economic impact
because the safety zone will be enforced
in an area and in a manner that does not
conflict with transiting commercial and
recreational traffic, except for the short
periods of time when explosive
detonation evolutions are being
conducted. The blasting detonations
will not occur more than three times a
day. At all other times, at least one side
of the main navigational channel will be
open for vessels to transit. Moreover, the
Coast Guard will work in coordination
with the pilots to ensure vessel traffic is
limited during the times of detonation
and Broadcast Notice to Mariners are
made via VHF–FM marine channel 13
and 16 when blasting operations will
occur.
asabaliauskas on DSK3SPTVN1PROD with RULES
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to anchor in or transit
the safety zone may be small entities, for
the reasons stated in section V.A above,
this rule will not have a significant
economic impact on any vessel owner
or operator.
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
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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 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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
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Fmt 4700
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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
Management Directive 023–01 and
Commandant Instruction M16475.lD,
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 safety
zone in force from December 1, 2016,
through March 15, 2017, that prohibits
entry within 500 yards of vessels and
machinery being used by personnel
conducting rock blasting, dredging, and
rock removal operations in the Delaware
River near Marcus Hook, PA between
the southern end of Marcus Hook
Anchorage to the western end of Little
Tinicum Island, at the entrance to Darby
Creek. It is categorically excluded from
further review under paragraph 34(g) 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.
G. 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.
H. Civil Justice Reform
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive order 12988, Civil
Justice Reform to eliminate ambiguity,
minimize litigation, establish clear legal
standards, and reduce burden.
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Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Rules and Regulations
List of Subjects 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 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; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add temporary § 165.T05–1034, to
read as follows:
■
asabaliauskas on DSK3SPTVN1PROD with RULES
§ 165.T05–1034 Safety Zone, Delaware
River; Marcus Hook, PA.
(a) Regulated area. The following area
is a safety zone: All the waters of the
Delaware River within 500 yards of
vessels and machinery performing rock
blasting, rock removal, and dredging
operations, in the vicinity of Marcus
Hook, PA, between the southern end of
Marcus Hook Anchorage to the western
end of Little Tinicum Island, at the
entrance to Darby Creek.
(1) Vessels wishing to transit the
safety zone in the main navigational
channel may do so if they can make
satisfactory passing arrangements with
the drill boat APACHE or the dredge
TEXAS in accordance with the
Navigational Rules in 33 CFR
subchapter E via VHF–FM channel 13 at
least 30 minutes prior to arrival. If
vessels are unable to make satisfactory
passing arrangements with the drill boat
APACHE or the dredge TEXAS, they
may request permission from the
Captain of the Port, or his designated
representative, on VHF–FM channel 16.
(2) The operator of any vessel
requesting to transit through the safety
zone shall proceed as directed by the
drill boat APACHE, the dredge TEXAS
or the designated representative of the
Captain of the Port and must operate at
the minimum safe speed necessary to
maintain steerage and reduce wake.
(3) No vessels may transit through the
safety zone during times of explosives
detonation. During rock blasting
detonation vessels will be required to
maintain a 500 yard distance from the
drill boat APACHE. The drill boat
APACHE will make broadcasts, via
VHF–FM Channel 13 and 16, at 15
minutes, 5 minutes, and 1 minute prior
to detonation, as well as a countdown
to detonation on VHF–FM Channel 16.
(4) After every explosive detonation a
survey will be conducted to ensure the
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navigational channel is clear for vessels
to transit. The drill boat APACHE will
broadcast, via VHF–FM channel 13 and
16, when the survey has been completed
and the channel is clear to transit.
Vessels requesting to transit through the
safety zone shall proceed as directed by
the designated representative of the
Captain of the Port and contact the drill
boat APACHE on VHF–FM channel 13
to make safe passing arrangements.
(b) Definitions. As used in this
section:
Captain of the Port means Captain of
the Port Delaware Bay. The Captain of
the Port is also the Commander, U.S.
Coast Guard Sector Delaware Bay,
Philadelphia, PA.
Captain of the Port Delaware Bay
means the Commander, U.S. Coast
Guard Sector Delaware Bay,
Philadelphia, PA.
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.
(c) Enforcement. The U.S. Coast
Guard may be assisted by Federal, State
and local agencies in the patrol and
enforcement of the zone.
(d) Enforcement period. This rule will
be enforced from December 01, 2016,
through March 15, 2017, unless
cancelled earlier by the Captain of the
Port.
Dated: December 1, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2016–29261 Filed 12–6–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–1025]
RIN 1625–AA87
Security Zone; Kailua Bay, Oahu, HI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
for the protection of a Very Important
Person (VIP). This VIP will be staying
on beachfront property in close
proximity to Kailua Bay. It is necessary
to restrict waterway access to vessels
and persons to prevent waterside threats
SUMMARY:
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88115
to the VIP. The security zone
encompasses two primary areas from
the surface of the water to the ocean
floor: The navigable waters of the
Kawainui Canal, beginning at the North
Kalaheo Avenue Road Bridge and
continuing northeast into Kailua Bay;
and the navigable waters of Kailua Bay
beginning at Kapoho Point and
extending in a southwesterly direction
to the shore boundary of a property
located at 123 Kailuana Loop, Kailua, HI
96734. Entry of persons or vessels into
the security zone is prohibited unless
authorized by the Captain of the Port
(COTP) Honolulu or a designated
representative.
DATES: This rule is effective from 8 a.m.
(HST) on December 14, 2016, through 8
a.m. (HST) on January 4, 2017. If the
security zone is terminated prior to
January 4, 2017, the Coast Guard will
provide notice via a broadcast notice to
mariners.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2016–1025. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
1025 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Nicolas
Jarboe, Waterways Management
Division, U.S. Coast Guard Sector
Honolulu; telephone (808) 541–4359,
email Nicolas.a.jarboe@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
TFR Temporary final rule
Pub. L. Public Law
§ Section
U.S.C. United States Code
VIP Very Important Person
II. Background Information and
Regulatory History
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 opportunities
to comment when the agency, for good
cause, finds those procedures are
‘‘impractical, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
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Agencies
[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Rules and Regulations]
[Pages 88112-88115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29261]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-1034]
RIN 1625-AA00
Safety Zone, Delaware River; Marcus Hook, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Delaware River in the vicinity of Marcus Hook,
Pennsylvania. The safety zone will temporarily restrict vessel traffic
from transiting or anchoring in a portion of the Delaware River while
rock blasting, dredging, and rock removal operations are being
conducted to facilitate the Delaware River Main Channel Deepening
project for the main navigational channel of the Delaware River. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by rock blasting, dredging,
and rock removal operations. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
or his designated representatives.
DATES: This rule is effective without actual notice from December 7,
2016 through March 15, 2017. For the purposes of enforcement, actual
notice
[[Page 88113]]
will be used from December 1, 2016, through December 7, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-1034 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Marine Science Technician First Class Tom Simkins, U.S.
Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast
Guard; telephone (215) 271-4889, email Tom.J.Simkins@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 doing so would be impractical
and contrary to the public interest because environmental restrictions
put in place by the National Marine Fisheries Service to protect
Shortnose and Atlantic sturgeon require all blasting operations to be
conducted between December 1, 2016, and March 15, 2017. Due to the
criticality of this phase of the Delaware River Main Channel Deepening
project, immediate action is needed to accommodate operations while
also ensuring vessels can safely transit through Marcus Hook Range in
the Delaware River during this time. Going forward without establishing
a safety zone would expose mariners and the public to unnecessary
dangers associated with rock blasting, dredging, and rock removal
operations. It is impracticable to publish an NPRM because the Coast
Guard must establish this safety zone by December 1, 2016. The final
details of the rock blasting, dredging, and rock removal operation were
not received until November 23, 2016. Publishing an NPRM would be
contrary to the public interest since immediate action is necessary to
protect the public safety from rock blasting, dredging, and rock
removal operations.
For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this temporary rule effective
less than 30 days after publication in the Federal Register. As noted
above, blasting operations must be conducted between December 1, 2016,
and March 15, 2017. Due to the need for immediate action, the
restriction is necessary to protect life and property. Delaying the
effective date would be contrary to the safety zone's intended
objectives of protecting persons and vessels, and enhancing public and
maritime safety.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port has determined that potential hazards
associated with rock blasting, dredging, and rock removal operations
starting December 1, 2016, will be a safety concern for anyone within
500 yards of rock blasting, dredging, and rock removal operations. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the operational area.
IV. Discussion of the Rule
This rule establishes a safety zone between December 1, 2016, and
March 15, 2017. The safety zone will cover all navigable waters in the
Delaware River within 500 yards of vessels and machinery being used by
personnel to conduct rock blasting, dredging, and rock removal
operations in the vicinity of Marcus Hook, PA, between the southern end
of Marcus Hook Anchorage to the western end of Little Tinicum Island,
at the entrance to Darby Creek. The safety zone will be enforced in an
area and in a manner that does not conflict with transiting commercial
and recreational traffic, except for the short periods of time when
explosive detonation evolutions are being conducted. The blasting
detonations will not occur more than three times a day. At all other
times, at least one side of the main navigational channel will be open
for vessels to transit.
The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters while operations
are being conducted. For the duration of the project, in the vicinity
of the rock blasting, rock removal, and dredging operation, one side of
the main navigational channel will be closed. Vessels wishing to
transit the safety zone in the main navigational channel may do so if
they can make satisfactory passing arrangements with drill boat APACHE
or the dredge TEXAS in accordance with the Navigational Rules in 33 CFR
subchapter E via VHF-FM channel 13 at least 30 minutes prior to
arrival. If vessels are unable to make satisfactory passing
arrangements with the drill boat APACHE or the dredge TEXAS, they may
request permission from the Captain of the Port, or his designated
representative, on VHF-FM channel 16. All vessels must operate at the
minimum safe speed necessary to maintain steerage and reduce wake.
No vessels may transit through the safety zone during times of
explosives detonation. During rock blasting detonation vessels will be
required to maintain a 500 yard distance from the drill boat APACHE.
The drill boat APACHE will make broadcasts, via VHF-FM channels 13 and
16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well
as a countdown to detonation on VHF-FM channel 16. Sector Delaware Bay
will ensure significant notice will be given to the maritime community
of dates and times of blasting via broadcast notice to mariners on VHF-
FM channel 16. After every explosive detonation a survey will be
conducted to ensure the navigational channel is clear for vessels to
transit. The drill boat APACHE will broadcast, via VHF-FM channel 13
and 16, when the survey has been completed and the channel is clear to
transit. Vessels wishing to transit the safety zone in the main
navigational channel may do so if they can make satisfactory passing
arrangements with drill boat APACHE or the dredge TEXAS in accordance
with the Navigational Rules in 33 CFR subchapter E via VHF-FM channel
13 at least 30 minutes prior to arrival. If vessels are unable to make
satisfactory passing arrangements with the drill boat APACHE or the
dredge TEXAS, they may request permission from the Captain of the Port,
or his designated representative, on VHF-FM channel 16.
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.
[[Page 88114]]
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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, duration, and traffic management of the safety zone. The
Coast Guard does not anticipate a significant economic impact because
the safety zone will be enforced in an area and in a manner that does
not conflict with transiting commercial and recreational traffic,
except for the short periods of time when explosive detonation
evolutions are being conducted. The blasting detonations will not occur
more than three times a day. At all other times, at least one side of
the main navigational channel will be open for vessels to transit.
Moreover, the Coast Guard will work in coordination with the pilots to
ensure vessel traffic is limited during the times of detonation and
Broadcast Notice to Mariners are made via VHF-FM marine channel 13 and
16 when blasting operations will occur.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to anchor in or
transit the safety zone may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
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
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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 safety zone in force from December 1, 2016, through
March 15, 2017, that prohibits entry within 500 yards of vessels and
machinery being used by personnel conducting rock blasting, dredging,
and rock removal operations in the Delaware River near Marcus Hook, PA
between the southern end of Marcus Hook Anchorage to the western end of
Little Tinicum Island, at the entrance to Darby Creek. It is
categorically excluded from further review under paragraph 34(g) 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.
G. 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.
H. Civil Justice Reform
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive order 12988, Civil Justice
Reform to eliminate ambiguity, minimize litigation, establish clear
legal standards, and reduce burden.
[[Page 88115]]
List of Subjects 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 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T05-1034, to read as follows:
Sec. 165.T05-1034 Safety Zone, Delaware River; Marcus Hook, PA.
(a) Regulated area. The following area is a safety zone: All the
waters of the Delaware River within 500 yards of vessels and machinery
performing rock blasting, rock removal, and dredging operations, in the
vicinity of Marcus Hook, PA, between the southern end of Marcus Hook
Anchorage to the western end of Little Tinicum Island, at the entrance
to Darby Creek.
(1) Vessels wishing to transit the safety zone in the main
navigational channel may do so if they can make satisfactory passing
arrangements with the drill boat APACHE or the dredge TEXAS in
accordance with the Navigational Rules in 33 CFR subchapter E via VHF-
FM channel 13 at least 30 minutes prior to arrival. If vessels are
unable to make satisfactory passing arrangements with the drill boat
APACHE or the dredge TEXAS, they may request permission from the
Captain of the Port, or his designated representative, on VHF-FM
channel 16.
(2) The operator of any vessel requesting to transit through the
safety zone shall proceed as directed by the drill boat APACHE, the
dredge TEXAS or the designated representative of the Captain of the
Port and must operate at the minimum safe speed necessary to maintain
steerage and reduce wake.
(3) No vessels may transit through the safety zone during times of
explosives detonation. During rock blasting detonation vessels will be
required to maintain a 500 yard distance from the drill boat APACHE.
The drill boat APACHE will make broadcasts, via VHF-FM Channel 13 and
16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well
as a countdown to detonation on VHF-FM Channel 16.
(4) After every explosive detonation a survey will be conducted to
ensure the navigational channel is clear for vessels to transit. The
drill boat APACHE will broadcast, via VHF-FM channel 13 and 16, when
the survey has been completed and the channel is clear to transit.
Vessels requesting to transit through the safety zone shall proceed as
directed by the designated representative of the Captain of the Port
and contact the drill boat APACHE on VHF-FM channel 13 to make safe
passing arrangements.
(b) Definitions. As used in this section:
Captain of the Port means Captain of the Port Delaware Bay. The
Captain of the Port is also the Commander, U.S. Coast Guard Sector
Delaware Bay, Philadelphia, PA.
Captain of the Port Delaware Bay means the Commander, U.S. Coast
Guard Sector Delaware Bay, Philadelphia, PA.
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.
(c) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
(d) Enforcement period. This rule will be enforced from December
01, 2016, through March 15, 2017, unless cancelled earlier by the
Captain of the Port.
Dated: December 1, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2016-29261 Filed 12-6-16; 8:45 am]
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