Safety Zone, Delaware River; Dredging, 47620-47623 [2017-21979]

Download as PDF 47620 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 VerDate Sep<11>2014 15:07 Oct 12, 2017 Jkt 244001 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 http:// 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: E:\FR\FM\13OCR1.SGM 13OCR1 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 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 nlaroche on DSK9F9SC42PROD with RULES 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 VerDate Sep<11>2014 15:07 Oct 12, 2017 Jkt 244001 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 E:\FR\FM\13OCR1.SGM 13OCR1 47622 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 VerDate Sep<11>2014 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: ■ PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 E:\FR\FM\13OCR1.SGM 13OCR1 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. nlaroche on DSK9F9SC42PROD with RULES SUMMARY: VerDate Sep<11>2014 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 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: http:// 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 http:// 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 E:\FR\FM\13OCR1.SGM 13OCR1

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 http://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