Safety Zone, Delaware River; Dredging, 47620-47623 [2017-21979]
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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations
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.
nlaroche on DSK9F9SC42PROD 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
environment. This rule involves a safety
zone lasting fourteen hours on fourteen
separate nights that will prohibit entry
from MM 183.7 to MM 185.1 on the
UMR from October 8, 2017 to October
21, 2017. It is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
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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:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
broadcast notices to mariners of the
enforcement period for the safety zone
as well as any changes in the dates and
times of enforcement.
Dated: October 6, 2017.
Scott A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
[FR Doc. 2017–22168 Filed 10–12–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0947]
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.
RIN 1625–AA00
2. Add § 165.T08–0942 to read as
follows:
AGENCY:
§ 165.08–0942 Safety Zone; Upper
Mississippi River, St. Louis, MO.
SUMMARY:
■
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Mississippi River between mile
marker (MM) 183.7 to MM 185.1, 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 Sector Upper Mississippi River
(COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general
safety zone regulations in § 165.23 of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or a 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 by telephone at 314–
269–2332. Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
a designated representative.
(d) Enforcement period. This section
will be enforced from 5 p.m. on October
8, 2017, through 7 a.m. on October 21,
2017. It will be enforced daily from 5
p.m. through 7 a.m.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public through
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Safety Zone, Delaware River; Dredging
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing temporary safety zones in
portions of New Castle Range and
Cherry Island Range on the Delaware
River as well as the Christina River in
order to facilitate the annual
maintenance dredging of the Federal
Navigation Channel. The safety zones
will be established for the waters in the
vicinity of the dredge, dredge
equipment, and associated pipeline.
This regulation is necessary to provide
for the safety of life on navigable waters
of the Delaware River and the Christina
River in the vicinity of dredging activity
and is intended to protect mariners from
the hazards associated with pipe-laying
and dredging operations.
DATES: This rule is effective without
actual notice from October 13, 2017
through January 10, 2018. For the
purposes of enforcement, actual notice
will be used from October 6, 2017,
through October 13, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0947 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 Petty Officer Edmund Ofalt,
Waterways Management Branch, U.S.
Coast Guard Sector Delaware Bay;
telephone (215) 271–4814, email
Edmund.J.Ofalt@uscg.mil.
SUPPLEMENTARY INFORMATION:
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for vessels attempting to transit the
Delaware River, along New Castle
Range, Cherry Island Range, and the
Christina River. This rule is needed to
protect personnel, vessels, and the
marine environment on the navigable
waters within the safety zones while
dredging is being conducted.
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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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 Sector
Delaware Bay received the final details
of the project on October 2, 2017 and
dredging operations are scheduled to
commence on October 6, 2017. It is
impracticable and contrary to the public
interest to publish an NPRM to provide
a notice and opportunity for comment
period because we must establish these
safety zones by October 6, 2017, to
ensure the safety of life on navigable
waters in the vicinity of dredging
activity and protect mariners from the
hazards associated with pipe-laying and
dredging operations. Specific risks to
safety include submerged and floating
pipeline, dredge booster assemblies and
the dredge itself which may be placed
within or in close proximity to the
navigational channel and Pea Patch
Island Anchorage 5 on the Delaware
River.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to mitigate
the hazards presented to safety of life on
the Delaware and Christina Rivers by
the presence of dredge equipment and
dredging operations.
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 (COTP) Delaware
Bay has determined that potential
hazards associated with dredging and
pipe laying operations beginning on
October 6, 2017, will be a safety concern
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IV. Discussion of the Rule
This rule establishes safety zones on
portions of the Delaware River and
Christina River from October 6, 2017,
through January 10, 2018, unless
cancelled earlier by the COTP, to
facilitate maintenance dredging being
conducted in New Castle Range, Cherry
Island Range and the Christina River.
Maintenance dredging in the channel
will be conducted with the cutter
suction dredge ILLINOIS and associated
pipeline. The pipeline will be a
combination of floating hoses
immediately behind the dredge
connected to a submerged pipeline
leading to upland disposal areas. Due to
the hazards related to cutter suction
dredging, the associated pipeline, and
the location of the submerged pipeline,
safety zones will be established in the
following areas:
(1) Safety zone 1 includes all waters
within 150 yards of the dredge and all
related dredge equipment. Entry into or
transiting within safety zone 1 is
prohibited unless vessels obtain
permission from the Captain of the Port,
via VHF–FM channel 16, or make
satisfactory passing arrangements, via
VHF–FM channels 07 or 13, with the
dredge ILLINOIS per this section and
the Rules of the Road (33 CFR
subchapter E). The safety zone will be
established for the duration of the
maintenance project. Vessels requesting
to transit shall contact the dredge
ILLINOIS on VHF channel 07 or 13, at
least 1 hour, as well as 30 minutes, prior
to arrival.
(2) Safety zone 2 includes all the
waters of Pea Patch Island Anchorage
No. 5 found in 33 CFR 110.157(a)(6),
where submerged pipeline(s) will be
located which poses a risk to anchored
vessels. The safety zone will be in place
only during the time in which the
dredge ILLINOIS is conducting dredging
operations in New Castle Range. Vessels
requesting to anchor in Pea Patch Island
Anchorage No. 5, during the
enforcement of safety zone 2, are
required to obtain permission from the
COTP prior to entry into the anchorage.
The COTP will terminate each safety
zone individually once all submerged
pipeline has been recovered and
dredging operations are completed in
each range respectively. Notice of the
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47621
termination of each safety zone will be
made in accordance with 33 CFR 165.7.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the safety zones. Although
this regulation will restrict access to
regulated areas, the effect of this rule
will not be significant because there are
a number of alternate anchorages
available. Furthermore, vessels may be
permitted to transit through the safety
zone with the permission of the COTP
or make satisfactory passing
arrangements with the dredge ILLINOIS
in accordance with this rule and the
Rules of the Road (33 CFR subchapter
E). Extensive notification of the safety
zones to the maritime public will be
made via maritime advisories allowing
mariners to alter their plans
accordingly.
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 transit the safety
zone may be small entities, for the
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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations
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 (Public Law 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.
nlaroche on DSK9F9SC42PROD with RULES
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
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15:07 Oct 12, 2017
Jkt 244001
contact the person listed in the FOR
section
above.
FURTHER INFORMATION CONTACT
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 safety
zones that encompass all navigable
waters within 150 yards of a dredge,
dredging pipeline and all dredge related
equipment. It is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
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,
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:
■
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Fmt 4700
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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.T05–0947, to read as
follows:
■
§ 165.T05–0947 Safety Zones, Delaware
River; Dredging.
(a) Location. The following areas are
safety zones:
(1) Safety zone 1. Safety zone 1
includes all navigable waters within 150
yards of the dredge ILLINOIS and all
related dredge equipment.
(2) Safety zone Safety zone 2 includes
all the waters of Pea Patch Island
Anchorage No. 5 found in 33 CFR
110.157(a)(6), where submerged
pipeline will be located causing a
hazard to anchoring vessels.
(b) Definitions—(1) Captain of the
Port means the Commander 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 his 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 with the enforcement of
safety zones described in paragraph (a)
of this section.
(c) Regulations. The general safety
zone regulations found in 33 CFR part
165 subpart C apply to the safety zones
created by this section.
(1) Entry into or transiting within
safety zone 1 is prohibited unless
vessels obtain permission from the
Captain of the Port, via VHF–FM
channel 16, or make satisfactory passing
arrangements, via VHF–FM channels 07
or 13, with the dredge ILLINOIS per this
section and the Rules of the Road (33
CFR subchapter E). Vessels requesting to
transit shall contact the dredge
ILLINOIS on VHF–FM channel 07 or 13,
at least 1 hour, as well as 30 minutes,
prior to arrival.
(2) Entry into, transiting, or anchoring
within safety zone 2 is prohibited unless
vessels obtain permission from the
Captain of the Port via VHF–FM
channel 16.
(3) Vessels granted permission to
enter and transit through the safety
zone(s) must do so in accordance with
any directions or orders of the Captain
of the Port, his designated
representative, or the dredge ILLINOIS
as appropriate. No person or vessel may
enter or remain in a safety zone without
permission from the Captain of the Port
or the dredge ILLINOIS as applicable.
(4) At least one side of the main
navigational channel will be kept clear
for safe passage of vessels in the vicinity
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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations
of safety zone 1. At no time will the
main navigational channel be closed to
vessel traffic.
(5) This section applies to all vessels
that intend to transit through either
safety zone except vessels that are
engaged in the following operations:
enforcement of laws; service of aids to
navigation, and emergency response.
(d) Enforcement period. This section
is enforced from October 6, 2017,
through January 10, 2018.
(1) Zone 1. Zone 1 will be enforced at
all times during which the dredge
ILLINOIS is conducting dredging
operations in New Castle Range, Cherry
Island Range, and the Christina River.
(2) Zone 2. Zone 2 will be enforced
only during those times that dredge
ILLINOIS is conducting dredging
operations in New Castle Range.
(3) Notifications. The Captain of the
Port will notify the maritime
community of specific times and
locations during which these safety
zones will be enforced by providing
advance notice via marine safety
information bulletins, broadcast notice
to mariners and local notice to mariners.
Dated: October 5, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
If
you have questions on this rule, call or
email Mr. Ronald L. Houck, at Sector
Maryland-National Capital Region,
Waterways Management Division, U.S.
Coast Guard; telephone 410–576–2674,
email Ronald.L.Houck@uscg.mil.
SUPPLEMENTARY INFORMATION: In FR Doc.
2017–21180 appearing on page 45981 of
Wednesday, October 3, 2017, the
following corrections are made:
FOR FURTHER INFORMATION CONTACT:
§ 165.T05–0808
[Corrected]
1. On page 45984, in the 1st column,
in § 165.T05–0808, correct paragraph (e)
to read as follows:
‘‘(e) Enforcement period. This section
will be enforced from 8 a.m. through 1
p.m. on October 26, 2017, and, if
necessary due to inclement weather,
from 8 a.m. through 1 p.m. on October
27, 2017.’’
■
Dated: October 4, 2017.
Lonnie P. Harrison, Jr.
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2017–21959 Filed 10–12–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
[FR Doc. 2017–21979 Filed 10–12–17; 8:45 am]
BILLING CODE 9110–04–P
33 CFR Part 326
[COE–2017–0008]
DEPARTMENT OF HOMELAND
SECURITY
RIN 0710–AA77
Coast Guard
Civil Monetary Penalty Inflation
Adjustment Rule
33 CFR Part 165
U.S. Army Corps of Engineers,
Department of Defense
ACTION: Direct final rule.
AGENCY:
[Docket Number USCG–2017–0808]
RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule;
correction.
AGENCY:
ACTION:
The Coast Guard is correcting
a temporary final rule that appeared in
the Federal Register on October 3, 2017.
The document issued a temporary safety
zone for certain waters of the Patapsco
River, Northwest Harbor and Inner
Harbor in association with the
movement of the historic sloop-of-war
USS CONSTELLATION on October 26,
2017 (rain date of October 27, 2017).
DATES: This correction is effective from
8 a.m. on October 26, 2017, through 1
p.m. on October 27, 2017.
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SUMMARY:
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15:07 Oct 12, 2017
Jkt 244001
The U.S. Army Corps of
Engineers (Corps) is issuing this final
rule to adjust its civil monetary
penalties under the Clean Water Act
(CWA) and the National Fishing
Enhancement Act to account for
inflation. This action is mandated by the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Inflation Adjustment Act), which
requires agencies to adjust the levels of
civil monetary penalties with an initial
‘‘catch-up’’ adjustment followed by
annual adjustments for inflation. The
Inflation Adjustment Act prescribes a
formula for adjusting statutory civil
penalties to reflect inflation, maintain
the deterrent effect of statutory civil
penalties, and promote compliance with
SUMMARY:
Safety Zone; Patapsco River,
Northwest and Inner Harbors;
Baltimore, MD
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47623
the law. Using the adjustment criteria
provided in the Inflation Adjustment
Act for the initial ‘‘catch-up’’
adjustment and the December 16, 2016,
Office of Management and Budget
Memorandum regarding the
‘‘Implementation of the 2017 annual
adjustment pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015’’, the 2016
catch-up adjustment and 2017 annual
adjustment for inflation will increase
the Class I civil penalty under Section
309 of the Clean Water Act to $20,966
per violation, and the maximum civil
penalty increases to $52,414. The
judicial civil penalty under Section
404(s) of the Clean Water Act increases
to $52,414 per day for each violation.
Under the National Fishing
Enhancement Act, the Class I civil
penalty increases to $22,957 per
violation.
DATES: This rule is effective December
12, 2017 without further notice, unless
the Corps receives substantive adverse
comment by November 13, 2017. If we
receive such adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: You may submit comments,
identified by docket number COE–
2017–0008, by any of the following
methods:.
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: stacey.m.jensen@
usace.army.mil. Include the docket
number, COE–2017–0008, in the subject
line of the message.
Mail: U.S. Army Corps of Engineers,
ATTN: CECW–CO (Stacey M. Jensen),
441 G Street NW., Washington, DC
20314–1000.
Hand Delivery/Courier: Due to
security requirements, we cannot
receive comments by hand delivery or
courier.
Instructions: Direct your comments to
docket number COE–2017–0008. All
comments received will be included in
the public docket without change and
may be made available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the commenter indicates that the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI, or otherwise
protected, through regulations.gov or
email. The regulations.gov Web site is
an anonymous access system, which
means we will not know your identity
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]]>Agencies
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47620-47623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21979]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0947]
RIN 1625-AA00
Safety Zone, Delaware River; Dredging
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones in
portions of New Castle Range and Cherry Island Range on the Delaware
River as well as the Christina River in order to facilitate the annual
maintenance dredging of the Federal Navigation Channel. The safety
zones will be established for the waters in the vicinity of the dredge,
dredge equipment, and associated pipeline. This regulation is necessary
to provide for the safety of life on navigable waters of the Delaware
River and the Christina River in the vicinity of dredging activity and
is intended to protect mariners from the hazards associated with pipe-
laying and dredging operations.
DATES: This rule is effective without actual notice from October 13,
2017 through January 10, 2018. For the purposes of enforcement, actual
notice will be used from October 6, 2017, through October 13, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0947 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 Petty Officer Edmund Ofalt, Waterways Management Branch,
U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4814, email
Edmund.J.Ofalt@uscg.mil.
SUPPLEMENTARY INFORMATION:
[[Page 47621]]
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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 Sector Delaware Bay received the
final details of the project on October 2, 2017 and dredging operations
are scheduled to commence on October 6, 2017. It is impracticable and
contrary to the public interest to publish an NPRM to provide a notice
and opportunity for comment period because we must establish these
safety zones by October 6, 2017, to ensure the safety of life on
navigable waters in the vicinity of dredging activity and protect
mariners from the hazards associated with pipe-laying and dredging
operations. Specific risks to safety include submerged and floating
pipeline, dredge booster assemblies and the dredge itself which may be
placed within or in close proximity to the navigational channel and Pea
Patch Island Anchorage 5 on the Delaware River.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the hazards presented to
safety of life on the Delaware and Christina Rivers by the presence of
dredge equipment and dredging operations.
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 (COTP) Delaware Bay has determined that
potential hazards associated with dredging and pipe laying operations
beginning on October 6, 2017, will be a safety concern for vessels
attempting to transit the Delaware River, along New Castle Range,
Cherry Island Range, and the Christina River. This rule is needed to
protect personnel, vessels, and the marine environment on the navigable
waters within the safety zones while dredging is being conducted.
IV. Discussion of the Rule
This rule establishes safety zones on portions of the Delaware
River and Christina River from October 6, 2017, through January 10,
2018, unless cancelled earlier by the COTP, to facilitate maintenance
dredging being conducted in New Castle Range, Cherry Island Range and
the Christina River. Maintenance dredging in the channel will be
conducted with the cutter suction dredge ILLINOIS and associated
pipeline. The pipeline will be a combination of floating hoses
immediately behind the dredge connected to a submerged pipeline leading
to upland disposal areas. Due to the hazards related to cutter suction
dredging, the associated pipeline, and the location of the submerged
pipeline, safety zones will be established in the following areas:
(1) Safety zone 1 includes all waters within 150 yards of the
dredge and all related dredge equipment. Entry into or transiting
within safety zone 1 is prohibited unless vessels obtain permission
from the Captain of the Port, via VHF-FM channel 16, or make
satisfactory passing arrangements, via VHF-FM channels 07 or 13, with
the dredge ILLINOIS per this section and the Rules of the Road (33 CFR
subchapter E). The safety zone will be established for the duration of
the maintenance project. Vessels requesting to transit shall contact
the dredge ILLINOIS on VHF channel 07 or 13, at least 1 hour, as well
as 30 minutes, prior to arrival.
(2) Safety zone 2 includes all the waters of Pea Patch Island
Anchorage No. 5 found in 33 CFR 110.157(a)(6), where submerged
pipeline(s) will be located which poses a risk to anchored vessels. The
safety zone will be in place only during the time in which the dredge
ILLINOIS is conducting dredging operations in New Castle Range. Vessels
requesting to anchor in Pea Patch Island Anchorage No. 5, during the
enforcement of safety zone 2, are required to obtain permission from
the COTP prior to entry into the anchorage.
The COTP will terminate each safety zone individually once all
submerged pipeline has been recovered and dredging operations are
completed in each range respectively. Notice of the termination of each
safety zone will be made in accordance with 33 CFR 165.7.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, and duration of the safety zones. Although this regulation
will restrict access to regulated areas, the effect of this rule will
not be significant because there are a number of alternate anchorages
available. Furthermore, vessels may be permitted to transit through the
safety zone with the permission of the COTP or make satisfactory
passing arrangements with the dredge ILLINOIS in accordance with this
rule and the Rules of the Road (33 CFR subchapter E). Extensive
notification of the safety zones to the maritime public will be made
via maritime advisories allowing mariners to alter their plans
accordingly.
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 transit the
safety zone may be small entities, for the
[[Page 47622]]
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 (Public Law 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 safety zones that encompass all navigable waters within
150 yards of a dredge, dredging pipeline and all dredge related
equipment. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record
of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.
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, 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; 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 Sec. 165.T05-0947, to read as follows:
Sec. 165.T05-0947 Safety Zones, Delaware River; Dredging.
(a) Location. The following areas are safety zones:
(1) Safety zone 1. Safety zone 1 includes all navigable waters
within 150 yards of the dredge ILLINOIS and all related dredge
equipment.
(2) Safety zone Safety zone 2 includes all the waters of Pea Patch
Island Anchorage No. 5 found in 33 CFR 110.157(a)(6), where submerged
pipeline will be located causing a hazard to anchoring vessels.
(b) Definitions--(1) Captain of the Port means the Commander 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 his
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 with the enforcement of safety zones
described in paragraph (a) of this section.
(c) Regulations. The general safety zone regulations found in 33
CFR part 165 subpart C apply to the safety zones created by this
section.
(1) Entry into or transiting within safety zone 1 is prohibited
unless vessels obtain permission from the Captain of the Port, via VHF-
FM channel 16, or make satisfactory passing arrangements, via VHF-FM
channels 07 or 13, with the dredge ILLINOIS per this section and the
Rules of the Road (33 CFR subchapter E). Vessels requesting to transit
shall contact the dredge ILLINOIS on VHF-FM channel 07 or 13, at least
1 hour, as well as 30 minutes, prior to arrival.
(2) Entry into, transiting, or anchoring within safety zone 2 is
prohibited unless vessels obtain permission from the Captain of the
Port via VHF-FM channel 16.
(3) Vessels granted permission to enter and transit through the
safety zone(s) must do so in accordance with any directions or orders
of the Captain of the Port, his designated representative, or the
dredge ILLINOIS as appropriate. No person or vessel may enter or remain
in a safety zone without permission from the Captain of the Port or the
dredge ILLINOIS as applicable.
(4) At least one side of the main navigational channel will be kept
clear for safe passage of vessels in the vicinity
[[Page 47623]]
of safety zone 1. At no time will the main navigational channel be
closed to vessel traffic.
(5) This section applies to all vessels that intend to transit
through either safety zone except vessels that are engaged in the
following operations: enforcement of laws; service of aids to
navigation, and emergency response.
(d) Enforcement period. This section is enforced from October 6,
2017, through January 10, 2018.
(1) Zone 1. Zone 1 will be enforced at all times during which the
dredge ILLINOIS is conducting dredging operations in New Castle Range,
Cherry Island Range, and the Christina River.
(2) Zone 2. Zone 2 will be enforced only during those times that
dredge ILLINOIS is conducting dredging operations in New Castle Range.
(3) Notifications. The Captain of the Port will notify the maritime
community of specific times and locations during which these safety
zones will be enforced by providing advance notice via marine safety
information bulletins, broadcast notice to mariners and local notice to
mariners.
Dated: October 5, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-21979 Filed 10-12-17; 8:45 am]
BILLING CODE 9110-04-P
