Safety Zone; Delaware River, Marcus Hook, PA, 56566-56568 [2017-25749]
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Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations
rule does not include any federal
mandate that we expect would result in
such expenditures by state, local, or
tribal governments, or the private sector.
The Department also does not expect
that the final rule will have any material
economic impacts on State, local or
tribal governments, or on health, safety,
or the natural environment.
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7. Federalism Statement
Executive Order 13132 outlines
fundamental principles of federalism,
and requires the adherence to specific
criteria by federal agencies in the
process of their formulation and
implementation of policies that have
‘‘substantial direct effects’’ on the
States, the relationship between the
national government and States, or on
the distribution of power and
responsibilities among the various
levels of government. Federal agencies
promulgating regulations that have
federalism implications must consult
with State and local officials and
describe the extent of their consultation
and the nature of the concerns of State
and local officials in the preamble to the
Final Rule.
This final rule does not have
federalism implications because it
merely delays the applicability date of
the rule. Therefore, the final rule has no
substantial direct effect on the States,
the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. In compliance
with the requirement of Executive Order
13132 that agencies examine closely any
policies that may have federalism
implications or limit the policy making
discretion of the States, the Department
welcomes input from States regarding
this assessment.
8. Executive Order 13771: Reducing
Regulation and Controlling Regulatory
Costs
Executive Order 13771, titled
Reducing Regulation and Controlling
Regulatory Costs, was issued on January
30, 2017. Section 2(a) of E.O. 13771
requires an agency, unless prohibited by
law, to identify at least two existing
regulations to be repealed when the
agency publicly proposes for notice and
comment, or otherwise promulgates, a
new regulation. In furtherance of this
requirement, section 2(c) of E.O. 13771
requires that the new incremental costs
associated with new regulations shall, to
the extent permitted by law, be offset by
the elimination of existing costs
associated with at least two prior
regulations. This final rule is considered
an E.O. 13771 deregulatory action.
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Details on the estimated cost savings
can be found in the rule’s economic
analysis. The action is deregulatory as it
merely delays the effective date, hence
stakeholders do not have to comply
with the regulation until April 1, 2018.
List of Subjects in 29 CFR Part 2560
Claims, Employee benefit plans.
For the reasons stated above, the
Department amends 29 CFR part 2560 as
follows:
PART 2560—RULES AND
REGULATIONS FOR ADMINISTRATION
AND ENFORCEMENT
1. The authority citation for part 2560
continues to read as follows:
■
Authority: 29 U.S.C. 1132, 1135, and
Secretary of Labor’s Order 1–2011, 77 FR
1088 (Jan. 9, 2012). Section 2560.503–1 also
issued under 29 U.S.C. 1133. Section
2560.502c–7 also issued under 29 U.S.C.
1132(c)(7). Section 2560.502c–4 also issued
under 29 U.S.C. 1132(c)(4). Section
2560.502c–8 also issued under 29 U.S.C.
1132(c)(8).
§ 2560.503–1
[Amended]
2. Section 2560.503–1 is amended by
removing ‘‘on or after January 1, 2018’’
and adding in its place ‘‘after April 1,
2018’’ in paragraph (p)(3) and by
removing the date ‘‘December 31, 2017’’
and adding in its place ‘‘April 1, 2018’’
in paragraph (p)(4).
■
Signed at Washington, DC, this 22nd day
of November 2017.
Jeanne Klinefelter Wilson,
Acting Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
[FR Doc. 2017–25729 Filed 11–24–17; 11:15 am]
BILLING CODE 4510–29–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0935]
RIN 1625–AA00
Safety Zone; Delaware River, Marcus
Hook, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Delaware River
between Marcus Hook Range and
Tinicum Range. The safety zone will
temporarily restrict vessel traffic from
transiting or anchoring in portions of
SUMMARY:
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the Delaware River while rock blasting,
dredging, and rock removal operations
are being conducted to facilitate the
Main Channel Deepening project for the
Delaware River. The safety zone is
needed to protect personnel, vessels,
and the marine environment from
hazards created by rock blasting,
dredging, and rock removal operations.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the COTP or his
designated representatives.
DATES: This rule is effective from
November 30, 2017 through March 15,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0935 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Petty Officer
Amanda Boone, Waterways
Management Branch, U.S. Coast Guard
Sector Delaware Bay; telephone (215)
271–4889, email Amanda.N.Boone@
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Army Corps of Engineers notified
the Coast Guard that Great Lakes
Dredging and Dock Company will be
conducting rock blasting, dredging, and
rock removal operations, beginning
November 30, 2017 through March 15,
2018, to facilitate the deepening of the
main navigational channel to the new
project depth of 45 feet. The Captain of
the Port (COTP) has determined that
potential hazards associated with rock
blasting, dredging, and rock removal
operations will be a safety concern for
anyone within 500 yards of the drill
boat APACHE or dredges TEXAS and
NEW YORK. In response, on November
14, 2017, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Safety Zone; Delaware River,
Marcus Hook, PA (82 FR 52680.) There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to this safety
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describes communications for notifying
waterway users of upcoming
detonations and provides means for
waterway users to request entry into the
safety zone.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP has determined that there are
potential hazards associated with the
rock blasting and dredging operations.
The purpose of this rulemaking is to
ensure the safety of personnel, vessels,
and the marine environment within a
500-yard radius of rock blasting,
dredging, and rock removal operations
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zone. During the comment period that
ended November 21, 2017, we received
one comment.
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
because immediate action is needed to
respond to the potential safety hazards
associated with rock blasting and
dredging operations in the Delaware
River.
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, duration,
and traffic management of the safety
zone. The Coast Guard does not
anticipate a significant economic impact
because the safety zone will be enforced
in an area and in a manner that does not
conflict with transiting commercial and
recreational traffic, except for the short
periods of time when explosive
detonations are being conducted. The
blasting detonations will not occur more
than three times a day. At all other
times, at least one side of the main
navigational channel will be open for
vessels to transit. Moreover, the Coast
Guard will work in coordination with
the pilots to ensure vessel traffic is
limited during the times of detonation
and Broadcast Notice to Mariners are
made via VHF–FM marine channel 13
and 16 when blasting operations will
occur.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published
November 14, 2017. The comment
stated that the proposed safety zone
would be helpful to protect personnel
while rock blasting is occurring. The
Coast thanks the commenter for their
support. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM, other than
a correction of the beginning of the
enforcement date in paragraph (e).
While the preamble of the NPRM
correctly stated that enforcement would
begin on November 30, 2017, the draft
regulatory text incorrectly stated that
enforcement would begin on December
1, 2017.
This rule establishes a safety zone
from November 30, 2017 through March
15, 2018. The safety zone covers all
navigable waters in the Delaware River
within 500 yards of vessels and
machinery being used to conduct rock
blasting, dredging, and rock removal
operations between Marcus Hook Range
and Tinicum Range. The safety zone
will be enforced in an area and in a
manner that does not conflict with
transiting commercial and recreational
traffic, except for the short periods of
time when explosive detonations are
being conducted and shortly thereafter,
when the channel is being surveyed to
ensure the navigational channel is clear
for vessels to transit. These detonations
will not occur more than three times a
day. At all other times, at least one side
of the main navigational channel will be
open for vessels to transit. This rule
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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.
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.
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56567
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. 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
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Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations
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.
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.
pmangrum on DSK3GDR082PROD with RULES
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 to protect waterway users that
would prohibit entry within 500 yards
of rock blasting, dredging, and rock
removal. 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 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C 1231; 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.T05–0935 to read as
follows:
■
§ 165.T05–0935 Safety Zone, Delaware
River; Marcus Hook, PA.
(a) Location. The following area is a
safety zone: all the navigable waters of
the Delaware River within 500 yards of
vessels and machinery performing rock
blasting, rock removal, and dredging
operations, between Marcus Hook Range
and Tinicum Range.
(b) Definitions. As used in this
section, designated representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port to
assist with enforcement of the safety
zone described in paragraph (a) of this
section.
(c) Regulations. (1) Vessels wishing to
transit the safety zone in the main
navigational channel may do so if they
can make satisfactory passing
arrangements with the drill boat
APACHE or the dredges TEXAS and
NEW YORK, as applicable, in
accordance with the Navigational Rules
in 33 CFR subchapter E via VHF–FM
channel 13 at least 30 minutes prior to
arrival. If vessels are unable to make
satisfactory passing arrangements with
the drill boat APACHE or the dredges
TEXAS and NEW YORK, they may
request permission from the Captain of
the Port, or his designated
representative, on VHF–FM channel 16.
(2) The operator of any vessel
requesting to transit through the safety
zone shall proceed as directed by the
drill boat APACHE, the dredges TEXAS
and NEW YORK, or the designated
representative of the Captain of the Port
and must operate at the minimum safe
speed necessary to maintain steerage
and reduce wake.
(3) No vessels may transit through the
safety zone during times of explosive
detonation. During explosive
detonation, vessels will be required to
maintain a 500 yard distance from the
drill boat APACHE. The drill boat
APACHE will make broadcasts, via
VHF–FM Channel 13 and 16, at 15
minutes, 5 minutes, and 1 minute prior
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Sfmt 4700
to detonation, as well as a countdown
to detonation on VHF–FM Channel 16.
(4) After every explosive detonation a
survey will be conducted by the
dredging contractor to ensure the
navigational channel is clear for vessels
to transit. The drill boat APACHE will
broadcast, via VHF–FM channel 13 and
16, when the survey has been completed
and the channel is clear to transit.
Vessels requesting to transit through the
safety zone shall proceed as directed by
the Captain of the Port and contact the
drill boat APACHE on VHF–FM channel
13 to make safe passing arrangements.
(d) Enforcement. The U.S. Coast
Guard may be assisted by federal, state
and local agencies in the patrol and
enforcement of the zone.
(e) Enforcement period. This rule will
be enforced from November 30, 2017,
through March 15, 2018, unless
cancelled earlier by the Captain of the
Port.
Dated: November 22, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2017–25749 Filed 11–28–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0977]
RIN 1625–AA00
Safety Zone, Savannah River,
Savannah, GA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters around the M/V
SWAN during its transit from the
Savannah River entry point to Garden
City Terminal in Savannah, GA and
during cargo operations. The safety zone
is needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the
transport and offloading of oversized
cranes. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port (COTP) Savannah or a
designated representative.
DATES: This rule is effective without
actual notice from November 29, 2017,
through December 2, 2017. For the
purposes of enforcement, actual notice
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Rules and Regulations]
[Pages 56566-56568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25749]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0935]
RIN 1625-AA00
Safety Zone; Delaware River, Marcus Hook, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Delaware River between Marcus Hook Range and Tinicum
Range. The safety zone will temporarily restrict vessel traffic from
transiting or anchoring in portions of the Delaware River while rock
blasting, dredging, and rock removal operations are being conducted to
facilitate the Main Channel Deepening project for the Delaware River.
The safety zone is needed to protect personnel, vessels, and the marine
environment from hazards created by rock blasting, dredging, and rock
removal operations. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the COTP or his designated
representatives.
DATES: This rule is effective from November 30, 2017 through March 15,
2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0935 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Petty Officer Amanda Boone, Waterways
Management Branch, U.S. Coast Guard Sector Delaware Bay; telephone
(215) 271-4889, email Amanda.N.Boone@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 Army Corps of Engineers notified the Coast Guard that Great
Lakes Dredging and Dock Company will be conducting rock blasting,
dredging, and rock removal operations, beginning November 30, 2017
through March 15, 2018, to facilitate the deepening of the main
navigational channel to the new project depth of 45 feet. The Captain
of the Port (COTP) has determined that potential hazards associated
with rock blasting, dredging, and rock removal operations will be a
safety concern for anyone within 500 yards of the drill boat APACHE or
dredges TEXAS and NEW YORK. In response, on November 14, 2017, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Delaware River, Marcus Hook, PA (82 FR 52680.) There we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this safety
[[Page 56567]]
zone. During the comment period that ended November 21, 2017, we
received one comment.
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 because immediate action is needed to
respond to the potential safety hazards associated with rock blasting
and dredging operations in the Delaware River.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that there are potential hazards
associated with the rock blasting and dredging operations. The purpose
of this rulemaking is to ensure the safety of personnel, vessels, and
the marine environment within a 500-yard radius of rock blasting,
dredging, and rock removal operations
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published
November 14, 2017. The comment stated that the proposed safety zone
would be helpful to protect personnel while rock blasting is occurring.
The Coast thanks the commenter for their support. There are no changes
in the regulatory text of this rule from the proposed rule in the NPRM,
other than a correction of the beginning of the enforcement date in
paragraph (e). While the preamble of the NPRM correctly stated that
enforcement would begin on November 30, 2017, the draft regulatory text
incorrectly stated that enforcement would begin on December 1, 2017.
This rule establishes a safety zone from November 30, 2017 through
March 15, 2018. The safety zone covers all navigable waters in the
Delaware River within 500 yards of vessels and machinery being used to
conduct rock blasting, dredging, and rock removal operations between
Marcus Hook Range and Tinicum Range. The safety zone will be enforced
in an area and in a manner that does not conflict with transiting
commercial and recreational traffic, except for the short periods of
time when explosive detonations are being conducted and shortly
thereafter, when the channel is being surveyed to ensure the
navigational channel is clear for vessels to transit. These detonations
will not occur more than three times a day. At all other times, at
least one side of the main navigational channel will be open for
vessels to transit. This rule describes communications for notifying
waterway users of upcoming detonations and provides means for waterway
users to request entry into the safety zone.
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, duration, and traffic management of the safety zone. The
Coast Guard does not anticipate a significant economic impact because
the safety zone will be enforced in an area and in a manner that does
not conflict with transiting commercial and recreational traffic,
except for the short periods of time when explosive detonations are
being conducted. The blasting detonations will not occur more than
three times a day. At all other times, at least one side of the main
navigational channel will be open for vessels to transit. Moreover, the
Coast Guard will work in coordination with the pilots to ensure vessel
traffic is limited during the times of detonation and Broadcast Notice
to Mariners are made via VHF-FM marine channel 13 and 16 when blasting
operations will occur.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. 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
[[Page 56568]]
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.
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 to protect waterway users that would
prohibit entry within 500 yards of rock blasting, dredging, and rock
removal. 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 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.T05-0935 to read as follows:
Sec. 165.T05-0935 Safety Zone, Delaware River; Marcus Hook, PA.
(a) Location. The following area is a safety zone: all the
navigable waters of the Delaware River within 500 yards of vessels and
machinery performing rock blasting, rock removal, and dredging
operations, between Marcus Hook Range and Tinicum Range.
(b) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the Captain of the Port to assist with enforcement
of the safety zone described in paragraph (a) of this section.
(c) Regulations. (1) Vessels wishing to transit the safety zone in
the main navigational channel may do so if they can make satisfactory
passing arrangements with the drill boat APACHE or the dredges TEXAS
and NEW YORK, as applicable, in accordance with the Navigational Rules
in 33 CFR subchapter E via VHF-FM channel 13 at least 30 minutes prior
to arrival. If vessels are unable to make satisfactory passing
arrangements with the drill boat APACHE or the dredges TEXAS and NEW
YORK, they may request permission from the Captain of the Port, or his
designated representative, on VHF-FM channel 16.
(2) The operator of any vessel requesting to transit through the
safety zone shall proceed as directed by the drill boat APACHE, the
dredges TEXAS and NEW YORK, or the designated representative of the
Captain of the Port and must operate at the minimum safe speed
necessary to maintain steerage and reduce wake.
(3) No vessels may transit through the safety zone during times of
explosive detonation. During explosive detonation, vessels will be
required to maintain a 500 yard distance from the drill boat APACHE.
The drill boat APACHE will make broadcasts, via VHF-FM Channel 13 and
16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well
as a countdown to detonation on VHF-FM Channel 16.
(4) After every explosive detonation a survey will be conducted by
the dredging contractor to ensure the navigational channel is clear for
vessels to transit. The drill boat APACHE will broadcast, via VHF-FM
channel 13 and 16, when the survey has been completed and the channel
is clear to transit. Vessels requesting to transit through the safety
zone shall proceed as directed by the Captain of the Port and contact
the drill boat APACHE on VHF-FM channel 13 to make safe passing
arrangements.
(d) Enforcement. The U.S. Coast Guard may be assisted by federal,
state and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This rule will be enforced from November
30, 2017, through March 15, 2018, unless cancelled earlier by the
Captain of the Port.
Dated: November 22, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-25749 Filed 11-28-17; 8:45 am]
BILLING CODE 9110-04-P
