Safety Zone, Delaware River; Pipeline Removal, 51347-51349 [2017-24068]

Download as PDF Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations compliance dates (Ref. 1). If a contract prevents a co-manufacturer from being able to review a brand owner’s documentation of supplier verification activities, the co-manufacturer would not be able to verify suppliers based on its review of that documentation. Consequently, the co-manufacturer would need to conduct supplier verification activities (e.g., on-site audits) that might otherwise not be required. To provide time for contracts to be revised to allow co-manufacturers to review all necessary documentation from the brand owner, FDA is announcing that, under certain circumstances and on a temporary basis, we do not intend to take enforcement action against a receiving facility that is a co-manufacturer, and that is not in compliance with certain supply-chain program requirements (§§ 117.410(d) and 117.415(a)(3) or §§ 507.110(d) and 507.115(a)(3)) for food manufactured for the brand owner until November 6, 2019. Furthermore, we do not intend to take enforcement action under the FSVP regulation against an importer who is relying on § 1.502(c)(3) but whose supply-chain program is subject to enforcement discretion regarding §§ 117.410(d) and 117.415(a)(3) or §§ 507.110(d) and 507.115(a)(3). The guidance represents the current thinking of FDA on this topic. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statues and regulations. II. Paperwork Reduction Act of 1995 This guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). The collections of information in part 117 have been approved under OMB control number 0910–0751. The collections of information in part 507 have been approved under OMB control number 0910–0789. Pmangrum on DSK3GDR082PROD with RULES III. Electronic Access Persons with access to the internet may obtain the document at https:// www.fda.gov/Food/Guidance Regulation/GuidanceDocuments RegulatoryInformation/default.htm, https://www.fda.gov/AnimalVeterinary/ GuidanceComplianceEnforcement/ default.htm, or https:// www.regulations.gov. Use the FDA Web sites listed in the previous sentence to VerDate Sep<11>2014 14:44 Nov 03, 2017 Jkt 244001 51347 find the most current version of the guidance. Folder on the line associated with this rule. IV. Reference FOR FURTHER INFORMATION CONTACT: The following reference is on display in the Dockets Management Staff (see ADDRESSES) and is available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; it is also available electronically at https:// www.regulations.gov. SUPPLEMENTARY INFORMATION: 1. Letter from Grocery Manufacturers Association to Dr. Stephen Ostroff, Acting Commissioner of Food and Drugs, February 7, 2017. Dated: October 31, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis. [FR Doc. 2017–24098 Filed 11–3–17; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–1011] RIN 1625–AA00 Safety Zone, Delaware River; Pipeline Removal Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing temporary safety zones in the Mifflin Range on the Delaware River to facilitate pipeline removal in preparation for the deepening of the Delaware River. The safety zones will be established for the waters in the vicinity of the dredge, dredge equipment, dive operations, and pipe removal operations. This regulation is necessary to provide for the safety of life on navigable waters of the Delaware River in the vicinity of pipeline removal operations and to protect mariners from the hazards associated with dredging and pipeline removal operations. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Delaware Bay. DATES: This rule is effective from November 6, 2017, through December 4, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2017– 1011 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket SUMMARY: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 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. 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 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 due to the short time period between when Sector Delaware Bay received complete details of this project, October 20, 2017, and the date when these safety zones needed to go into effect by. It is impracticable and contrary to the public interest to publish an NPRM to provide a notice and opportunity for comment period because the safety zones must be established by November 6, 2017 to ensure safety of life on navigable waters in the vicinity of dredging operations, underwater cutting operations, and pipeline removal operations and to protect mariners from hazards associated with the same. 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 River by the presence of dredge equipment, dredging operations, dive operations, and pipeline removal operations. E:\FR\FM\06NOR1.SGM 06NOR1 51348 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 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, dive operations, and pipeline removal operations starting November 6, 2017, will be a safety concern for vessels attempting to transit the Delaware River along the Mifflin Range. This rule is needed to protect personnel, vessels, and the marine environment on the navigable waters within the safety zone while dredging, dive operations, and pipeline removal operations are being conducted. Pmangrum on DSK3GDR082PROD with RULES IV. Discussion of the Rule This rule establishes two safety zones on a portion of the Mifflin Range, just upriver of the green 63 buoy, in the Delaware River from November 6, 2017, through December 4, 2017, unless cancelled earlier by the COTP, to facilitate dredging, dive operations, and pipeline removal. Dredging operations to expose the pipeline will commence on November 6, 2017. The hopper dredge 549 will be conducting the dredging operations and will be attended by the towing vessel SHELBY. Dive operations will commence approximately one week after the completion of dredging operations and will continue through completion of removal of the pipeline. Safety zone one includes all navigable waters within 250 yards of the dredge barge 549 and associated pipeline removal equipment, to include any equipment located within Anchorage 9 near the entrance to Mantua Creek found in 33 CFR 110.157(a)(10). Safety zone two includes all navigable waters within 250 yards of the dive barge 543 and all associated pipeline removal equipment, to include any equipment located within Anchorage 9 near the entrance to Mantua Creek Found in 33 CFR 110.157 (a)(10). Vessels requesting to transit either safety zone must contact the towing vessel SHELBY on VHF–FM channel 13 or 65, at least 1 hour, as well as 30 minutes prior to arrival to arrange safe passage. Vessels may also contact the COTP for permission to enter or transit either safety zone 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. VerDate Sep<11>2014 14:44 Nov 03, 2017 Jkt 244001 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 towing vessel SHELBY 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 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 E:\FR\FM\06NOR1.SGM 06NOR1 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 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 a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone that encompasses all navigable waters within 250 yards of a dredge, diving operations, pipeline removal operations and all associated 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: Pmangrum on DSK3GDR082PROD with RULES ■ 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.T05–1011, to read as follows: ■ § 165.T05–1011 Safety Zone, Delaware River; Pipeline Removal. (a) Location. The following areas are safety zones: VerDate Sep<11>2014 14:44 Nov 03, 2017 Jkt 244001 (1) Safety zone one includes all navigable waters within 250 yards of the dredge barge 549 and associated equipment operating in Mifflin Range and Anchorage 9 near the entrance to Mantua Creek, upriver of green buoy 63, on the Delaware River. (2) Safety zone two includes all navigable waters within 250 yards of the dive barge 543 and associated equipment operating in Mifflin range and Anchorage 9 near the entrance to Mantua Creek, upriver of green buoy 63, on the Delaware River. (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 zone created by this section. (1) Entry into or transiting within either safety zone 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 13 or 65, with the towing vessel SHELBY per this section and the rules of the Road (33 CFR subchapter E). Vessels requesting to transit shall contact the towing vessel SHELBY on channel 13 or 65, at least 1 hour, as well as 30 minutes, prior to arrival. (2) Vessels granted permission to enter and transit the safety zone must do so in accordance with any directions or orders of the Captain of the Port, his designated representative, or the towing vessel SHELBY. No person or vessel may enter or remain in a safety zone without permission from the Captain of the Port or the towing vessel SHELBY. (3) At least one side of the main navigational channel will be kept clear for safe passage of vessels. (4) This section applies to all vessels that intend to transit through the safety zone except vessels that are engaged in the following operations: Enforcement of laws; service of aids to navigation, and emergency response. (d) Enforcement periods. This section will be enforced from November 6, 2017, through December, 4 2017. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 51349 Dated: November 1, 2017. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. [FR Doc. 2017–24068 Filed 11–3–17; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2017–0138; FRL–9970–41– Region 1] Air Plan Approval; New Hampshire; Rules for Open Burning and Incinerators; Withdrawal of Direct Final Rule Environmental Protection Agency. ACTION: Withdrawal of direct final rule. AGENCY: Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the September 6, 2017 direct final rule approving a State Implementation Plan (SIP) revision submitted by the State of New Hampshire. New Hampshire’s SIP revision establishes emission standards and operating practices for incinerators and wood waste burners that are not regulated pursuant to federal incinerator standards. This action is being taken in accordance with the Clean Air Act. DATES: The direct final rule was published on September 6, 2017 (82 FR 42037), and is withdrawn effective November 6, 2017. FOR FURTHER INFORMATION CONTACT: Alison Simcox, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square—Suite 100, (Mail code OEP05–2), Boston, MA 02109— 3912, telephone (617) 918–1684, facsimile (617) 918–0684, email simcox.alison@epa.gov. SUPPLEMENTARY INFORMATION: In the direct final rule, EPA stated that if adverse comments were submitted by October 6, 2017, the rule would be withdrawn and not take effect. EPA received an adverse comment prior to the close of the comment period and, therefore, is withdrawing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed rule also published on September 6, 2017 (82 FR 42054). EPA will not institute a second comment period on this action. SUMMARY: List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, E:\FR\FM\06NOR1.SGM 06NOR1

Agencies

[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Rules and Regulations]
[Pages 51347-51349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24068]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1011]
RIN 1625-AA00


Safety Zone, Delaware River; Pipeline Removal

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary safety zones in the 
Mifflin Range on the Delaware River to facilitate pipeline removal in 
preparation for the deepening of the Delaware River. The safety zones 
will be established for the waters in the vicinity of the dredge, 
dredge equipment, dive operations, and pipe removal operations. This 
regulation is necessary to provide for the safety of life on navigable 
waters of the Delaware River in the vicinity of pipeline removal 
operations and to protect mariners from the hazards associated with 
dredging and pipeline removal operations. Entry of vessels or persons 
into these zones is prohibited unless specifically authorized by the 
Captain of the Port Delaware Bay.

DATES: This rule is effective from November 6, 2017, through December 
4, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1011 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:

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 due to the short time period between when 
Sector Delaware Bay received complete details of this project, October 
20, 2017, and the date when these safety zones needed to go into effect 
by. It is impracticable and contrary to the public interest to publish 
an NPRM to provide a notice and opportunity for comment period because 
the safety zones must be established by November 6, 2017 to ensure 
safety of life on navigable waters in the vicinity of dredging 
operations, underwater cutting operations, and pipeline removal 
operations and to protect mariners from hazards associated with the 
same.
    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 River by the presence of dredge 
equipment, dredging operations, dive operations, and pipeline removal 
operations.

[[Page 51348]]

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, dive operations, and 
pipeline removal operations starting November 6, 2017, will be a safety 
concern for vessels attempting to transit the Delaware River along the 
Mifflin Range. This rule is needed to protect personnel, vessels, and 
the marine environment on the navigable waters within the safety zone 
while dredging, dive operations, and pipeline removal operations are 
being conducted.

IV. Discussion of the Rule

    This rule establishes two safety zones on a portion of the Mifflin 
Range, just upriver of the green 63 buoy, in the Delaware River from 
November 6, 2017, through December 4, 2017, unless cancelled earlier by 
the COTP, to facilitate dredging, dive operations, and pipeline 
removal. Dredging operations to expose the pipeline will commence on 
November 6, 2017. The hopper dredge 549 will be conducting the dredging 
operations and will be attended by the towing vessel SHELBY. Dive 
operations will commence approximately one week after the completion of 
dredging operations and will continue through completion of removal of 
the pipeline.
    Safety zone one includes all navigable waters within 250 yards of 
the dredge barge 549 and associated pipeline removal equipment, to 
include any equipment located within Anchorage 9 near the entrance to 
Mantua Creek found in 33 CFR 110.157(a)(10).
    Safety zone two includes all navigable waters within 250 yards of 
the dive barge 543 and all associated pipeline removal equipment, to 
include any equipment located within Anchorage 9 near the entrance to 
Mantua Creek Found in 33 CFR 110.157 (a)(10).
    Vessels requesting to transit either safety zone must contact the 
towing vessel SHELBY on VHF-FM channel 13 or 65, at least 1 hour, as 
well as 30 minutes prior to arrival to arrange safe passage. Vessels 
may also contact the COTP for permission to enter or transit either 
safety zone 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.

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 towing vessel SHELBY 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 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

[[Page 51349]]

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 a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone that encompasses all navigable waters 
within 250 yards of a dredge, diving operations, pipeline removal 
operations and all associated 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.T05-1011, to read as follows:


Sec.  165.T05-1011  Safety Zone, Delaware River; Pipeline Removal.

    (a) Location. The following areas are safety zones:
    (1) Safety zone one includes all navigable waters within 250 yards 
of the dredge barge 549 and associated equipment operating in Mifflin 
Range and Anchorage 9 near the entrance to Mantua Creek, upriver of 
green buoy 63, on the Delaware River.
    (2) Safety zone two includes all navigable waters within 250 yards 
of the dive barge 543 and associated equipment operating in Mifflin 
range and Anchorage 9 near the entrance to Mantua Creek, upriver of 
green buoy 63, on the Delaware River.
    (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 zone created by this 
section.
    (1) Entry into or transiting within either safety zone 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 13 or 65, with the towing vessel SHELBY per this 
section and the rules of the Road (33 CFR subchapter E). Vessels 
requesting to transit shall contact the towing vessel SHELBY on channel 
13 or 65, at least 1 hour, as well as 30 minutes, prior to arrival.
    (2) Vessels granted permission to enter and transit the safety zone 
must do so in accordance with any directions or orders of the Captain 
of the Port, his designated representative, or the towing vessel 
SHELBY. No person or vessel may enter or remain in a safety zone 
without permission from the Captain of the Port or the towing vessel 
SHELBY.
    (3) At least one side of the main navigational channel will be kept 
clear for safe passage of vessels.
    (4) This section applies to all vessels that intend to transit 
through the safety zone except vessels that are engaged in the 
following operations: Enforcement of laws; service of aids to 
navigation, and emergency response.
    (d) Enforcement periods. This section will be enforced from 
November 6, 2017, through December, 4 2017.

    Dated: November 1, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-24068 Filed 11-3-17; 8:45 am]
 BILLING CODE 9110-04-P