Safety Zone; Delaware River, Pipeline Removal, Marcus Hook, PA, 58742-58745 [2017-26935]
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Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations
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consumers associated with such
ancillary credit-related products.7
Based on available data, the
Department estimates the annual total
market revenue for these products at
$6,116.5 and $3,761.7 million,
respectively, or a total of $9,878.1
million. The Department estimates that
the covered borrower market for these
products is .95 percent of the total
market for these products, as covered
borrower households represent .95
percent of total U.S. households, which
implies a total possible market for
covered borrowers of approximately
$93.8 million. Of these covered
borrowers, the Department estimates
that only a very small portion of these
consumers could include the Service
members and their families covered by
the MLA. As an example, if the typical
consumer of such a product is an
enlisted Service member under 25, does
not have a college degree, and owns a
car, the possible market value relevant
to the MLA and this interpretive rule
might be more like $21.7 million.8
Within this further market segment, an
undetermined percentage of these
products actually offer interest rates
greater than 36 percent and would
actually be purchased by this group,
which would represent the share of
products that fall under the MLA
requirement. Generally, in this and
other possible scenarios across age
groups and other demographic
characteristics, the Department
anticipates the universe of products that
7 See Experian, ‘‘State of the Automotive Finance
Market: A Look at Loans and Leases in Q4 2016,’’
at 11, 19 (2016); Colonnade Advisors, ‘‘F&I Products
Industry Market Commentary,’’ at 2 (2016),
available at coladv.com/wp-content/uploads/FIProduct-Industry-Report-April-2016.pdf ; F&I and
Showroom, ‘‘Tracking F&I Performance,’’ https://
www.fi-magazine.com/article/story/2012/01/
tracking-f-i-performance.aspx (last visited Sept. 20,
2017). The Department’s research indicates that the
available data regarding credit-related ancillary
products in the auto lending marketplace are
limited and primarily derived from informal
surveys and reports.
8 Approximately 82 percent of Service members
are enlisted; 91 percent do not have college degrees;
44 percent are under 25 years of age; and 67 percent
of those under 25 own or lease at least one vehicle.
The intersection of these portions creates a factor
of approximately .22, which can be applied to the
total market value of approximately $93.8 million,
resulting in a possible market segment of
approximately $21.7 million. This segment would
then require further apportionment to reflect the
share of the products therein that offer interest rates
above the 36 percent cap. See 2015 Demographics
Profile of the Military Community, Chapter 2,
Department of Defense, available at https://
download.militaryonesource.mil/12038/MOS/
Reports/2015-Demographics-Report.pdf and Table
3202. Consumer units with reference person under
age 25 by income before taxes: Average annual
expenditures, Consumer Expenditure Survey, 2015–
2016, Bureau of Labor Statistics, available at
https://www.bls.gov/cex/2016/CrossTabs/agebyinc/
xunder25.PDF.
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exceed 36 percent interest in this
category is very small and possibly
negligible, especially considering the
time that has passed since the final rule
was issued. This number is anticipated
to be even more likely to be negligible
when considering the number of
covered borrowers who would choose to
consume this product particularly in
light of the existing MLA requirement.
Dated: December 11, 2017.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
2 U.S.C. Ch. 25, ‘‘Unfunded Mandates
Reform Act’’
Coast Guard
Section 202 of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1532) requires agencies to assess
anticipated costs and benefits before
issuing any rule whose mandates
require spending in any 1 year of $100
million in 1995 dollars, updated
annually for inflation. In 2014, that
threshold is approximately $141
million. This rule will not mandate any
requirements for State, local, or tribal
governments, nor will it affect private
sector costs.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Ch. 6)
The Department of Defense certifies
that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601)
because it would not, if promulgated,
have a significant economic impact on
a substantial number of small entities.
Therefore, the Regulatory Flexibility
Act, as amended, does not require us to
prepare a regulatory flexibility analysis.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
This rule does not impose reporting
and record keeping requirements under
the Paperwork Reduction Act of 1995.
Executive Order 13132, ‘‘Federalism’’
This rule was analyzed in accordance
with the principles and criteria
contained in Executive Order 13132
(‘‘Federalism’’). It has been determined
that it does not have sufficient
Federalism implications to warrant the
preparation of a Federalism summary
impact statement. This rule has no
substantial effect on the States, or on the
current Federal-State relationship, or on
the current distribution of power and
responsibilities among the various local
officials. Nothing in this rule preempts
any State law or regulation. Therefore,
the Department did not consult with
State and local officials because it was
not necessary.
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[FR Doc. 2017–26974 Filed 12–13–17; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 165
[Docket Number USCG–2017–1053]
RIN 1625–AA00
Safety Zone; Delaware River, Pipeline
Removal, Marcus Hook, PA
Coast Guard, DHS.
Interim rule and request for
comments.
AGENCY:
ACTION:
This interim rule modifies
and extends the effective period of the
existing temporary safety zone
encompassing all navigable waters
within a 250-yard radius of Commerce
Construction vessels and machinery
conducting diving and pipeline removal
operations in the Delaware River, in the
vicinity of Anchorage 7, near Marcus
Hook, PA. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by diving and pipeline
removal operations. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Delaware Bay. We
invite your comments on this
rulemaking.
SUMMARY:
This rule is effective without
actual notice from December 14, 2017.
For the purposes of enforcement, actual
notice will be used from December 9,
2017, through December 14, 2017.
Comments and related material must be
received by the Coast Guard on or before
January 16, 2018.
ADDRESSES: Documents mentioned in
this preamble are part of Docket Number
USCG–2017–1053. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Open Docket
Folder’’ on the line associated with this
rulemaking. You may submit comments,
identified by docket number, using the
Federal eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
DATES:
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further instructions on submitting
comments.
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:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Regulatory History and Information
On November 28, 2017, the Coast
Guard published a temporary safety
zone titled Safety Zone; Delaware River,
Pipeline Removal, Marcus Hook, PA (82
FR 56170). The temporary safety zone
established a safety zone from
November 21, 2017, through December
8, 2017. The safety zone covers all
navigable waters within 250 yards of
vessels and machinery being used by
personnel to conduct diving and pipe
removal operations. Due to unforeseen
issues with the operation, the expected
dates of work have been changed and
extended to February 28, 2018.
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
address the potential safety hazards
associated with diving and pipeline
removal operations.
III. Background, Purpose, and Legal
Basis
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Delaware Bay has
determined that potential hazards
associated with diving and pipe removal
operations currently underway in the
Delaware River, will be a safety concern
for anyone within a 250-yard radius of
diving and pipe removal vessels and
machinery. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
operations are being conducted.
IV. Discussion of Comments, Changes,
and the Interim Rule
Only two changes have been made to
the existing temporary rule. First, the
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original end date for enforcement of the
safety zone was December 8, 2017, and
the end date for the enforcement of the
safety zone is being changed to February
28, 2018. Second, the enforcement
period regulatory text, paragraph (d),
has been amended to indicate what time
of day the zone will be enforced. This
timeframe was discussed in the
regulatory analyses statements of the
temporary final rule but was not
included in the regulatory text itself.
This rule establishes a safety zone
from December 9, 2017, through
February 28, 2018. The safety zone will
cover all navigable waters within 250
yards of vessels and machinery being
used by personnel to conduct diving
and pipe removal operations.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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. E.O. 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under E.O. 12866.
Accordingly, the 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 E.O. 13771.
This regulatory action determination
is based on the size, location and
duration of the security zone. Vessel
traffic will be able to safely transit
around this safety zone which would
impact a small designated area of the
Delaware River from December 9, 2017,
through February 28, 2018. Moreover,
the Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16, Local Notice to Mariners,
and Marine Safety Information Bulletin
about the zone, and the rule would
allow vessels to seek permission to enter
the zone.
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
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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 would not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels that intend to transit the security
zone may be small entities, for the
reasons stated in section V.A above this
rule would not have a significant
economic impact on any vessel owner
or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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. 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 would 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 E.O. 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 E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
would 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
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Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations
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
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
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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 made a
preliminary determination 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 that will prohibit entry within 250
yards of vessels and machinery being
used by personnel to conduct diving
and pipe removal operations. It is
categorically excluded from further
review under paragraph L60(d) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
(REC) is available in the docket where
indicated under ADDRESSES. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this rule.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number USCG–2017–1053 for
this rulemaking, indicate the specific
section of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this rule as
being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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
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.
■
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
(a) Location. The following areas are
safety zones: All navigable waters
within 250 yards of the towing vessel
JOKER, Commerce Construction crane
barge KELLY, and associated diving and
pipe removal vessels, as well as any
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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.T05–1053, to read as
follows:
■
§ 165.T05–1053 Safety Zone, Delaware
River; Pipeline Removal; Marcus Hook, PA.
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associated equipment, operating in
Marcus Hook Range and Anchorage No.
7 near Marcus Hook, PA, 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 80 with the towing vessel JOKER per
this section and the rules of the Road
(33 CFR subchapter E). Vessels
requesting to transit shall contact the
towing vessel JOKER on channel 13 or
80 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 JOKER. No person or vessel may
enter or remain in a safety zone without
permission from the Captain of the Port
or the towing vessel JOKER.
(3) There are three sections of
pipeline that will be removed. The first
two sections of pipeline to be removed
are in Anchorage No. 7, Marcus Hook
Anchorage, in the Delaware River.
During removal of these sections of
pipeline, the safety zone will restrict
vessels from anchoring in the lower
portion of Anchorage No. 7.
(4) During removal of the third section
of pipeline, operations will be
conducted within the main navigational
channel and vessels will be required to
transit through the lower portion of
Anchorage No. 7. The Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16, Local
Notice to Mariners, and Marine Safety
Information Bulletin further defining
specific work locations and traffic
patterns.
(5) All vessels must operate at the
minimum safe speed necessary to
maintain steerage and reduce wake.
(6) This section applies to all vessels
that intend to transit through the safety
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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 December 8, 2017,
through February 28, 2018. Enforcement
will generally be between the hours of
5 a.m. and 7 p.m., Monday through
Sunday, while the zone is in effect.
Dated: December 8, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2017–26935 Filed 12–13–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2017–0677; FRL–9971–88–
Region 10]
Finding of Failure To Submit a Section
110 State Implementation Plan for
Interstate Transport for the 2012
Annual National Ambient Air Quality
Standards for Fine Particles
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Table of Contents
I. General Information
II. Background and Overview
III. Finding of Failure To Submit for
Washington State
IV. Environmental Justice Considerations
V. Statutory and Executive Order Reviews
I. General Information
The Environmental Protection
Agency (EPA) is taking final action
finding that Washington State failed to
submit an infrastructure State
Implementation Plan (SIP) to satisfy
certain interstate transport requirements
of the Clean Air Act (CAA) with respect
to the 2012 annual fine particles (PM2.5)
national ambient air quality standard
(NAAQS). Specifically, these
requirements pertain to significant
contribution to nonattainment, or
interference with maintenance, of the
2012 annual PM2.5 NAAQS in other
states. This finding of failure to submit
establishes a 2-year deadline for the
EPA to promulgate a Federal
Implementation Plan (FIP) to address
the interstate transport SIP requirements
pertaining to significant contribution to
nonattainment and interference with
maintenance unless, prior to the EPA
promulgating a FIP, the state submits,
and the EPA approves, a SIP that meets
these requirements.
DATES: This final rule is effective on
January 16, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2017–0677. All
documents in the dockets are listed on
https://www.regulations.gov. Although
listed in the index, some information is
SUMMARY:
not publicly available, e.g., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly-available docket
materials are available at https://
www.regulations.gov or in hard copy at
the EPA Region 10, Office of Air and
Waste, 1200 Sixth Avenue, Seattle,
Washington, 98101. The EPA requests
that if at all possible, you contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section to view
the hard copy of the docket. You may
view the hard copy of the docket
Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jeff
Hunt, Air Planning Unit, Office of Air
and Waste (OAW–150), EPA, Region 10,
1200 Sixth Ave., Suite 900, Seattle,
Washington 98101; (206) 553–0256;
hunt.jeff@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Notice and Comment Under the
Administrative Procedures Act (APA)
Section 553 of the APA, 5 U.S.C.
553(b)(3)(B), provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. The
EPA has determined that there is good
cause for making this rule final without
prior proposal and opportunity for
comment because no significant EPA
judgment is involved in making a
finding of failure to submit SIPs, or
elements of SIPs, required by the CAA,
where states have made no submissions
or incomplete submissions, to meet the
requirement. Thus, notice and public
procedure are unnecessary. The EPA
finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).
B. How is the Preamble organized?
II. Background and Overview
A. Interstate Transport SIPs
CAA section 110(a) imposes an
obligation upon states to submit SIPs
that provide for the implementation,
maintenance and enforcement of a new
or revised NAAQS within 3 years
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58745
following the promulgation of that
NAAQS. Section 110(a)(2) lists specific
requirements that states must meet in
these SIP submissions, as applicable.
The EPA refers to this type of SIP
submission as the ‘‘infrastructure’’ SIP
because it ensures that states can
implement, maintain and enforce the air
standards. Within these requirements,
section 110(a)(2)(D)(i) contains
requirements to address interstate
transport of NAAQS pollutants. A SIP
revision submitted for this sub-section
is referred to as an ‘‘interstate transport
SIP.’’ In turn, section 110(a)(2)(D)(i)(I)
requires that such a plan contain
adequate provisions to prohibit
emissions from the state that will
contribute significantly to
nonattainment of the NAAQS in any
other state (‘‘prong 1’’) or interfere with
maintenance of the NAAQS in any other
state (‘‘prong 2’’). Interstate transport
prongs 1 and 2, also called the ‘‘good
neighbor’’ provisions, are the
requirements relevant to this finding.
Pursuant to CAA section 110(k)(1)(B),
the EPA must determine no later than 6
months after the date by which a state
is required to submit a SIP whether a
state has made a submission that meets
the minimum completeness criteria
established per section 110(k)(1)(A). The
EPA refers to the determination that a
state has not submitted a SIP
submission that meets the minimum
completeness criteria as a ‘‘finding of
failure to submit.’’ If the EPA finds a
state has failed to submit a SIP to meet
its statutory obligation to address
section 110(a)(2)(D)(i)(I), pursuant to
section 110(c)(1) the EPA has not only
the authority, but the obligation, to
promulgate a FIP within 2 years to
address the CAA requirement. This
finding therefore starts a 2-year clock for
promulgation by the EPA of a FIP, in
accordance with section 110(c)(1),
unless prior to such promulgation the
state submits, and the EPA approves, a
submittal from the state to meet the
requirements of section 110(a)(2)(D)(i)(I)
for the 2012 annual PM2.5 NAAQS. The
EPA will work with the state subject to
this finding of failure to submit and
provide assistance as necessary to help
the state develop an approvable
submittal in a timely manner. The EPA
notes this action does not start a
mandatory sanctions clock pursuant to
CAA section 179 because this finding of
failure to submit does not pertain to a
part D plan for nonattainment areas
required under section 110(a)(2)(I) or a
SIP call pursuant section 110(k)(5).
E:\FR\FM\14DER1.SGM
14DER1
]]>Agencies
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58742-58745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26935]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-1053]
RIN 1625-AA00
Safety Zone; Delaware River, Pipeline Removal, Marcus Hook, PA
AGENCY: Coast Guard, DHS.
ACTION: Interim rule and request for comments.
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SUMMARY: This interim rule modifies and extends the effective period of
the existing temporary safety zone encompassing all navigable waters
within a 250-yard radius of Commerce Construction vessels and machinery
conducting diving and pipeline removal operations in the Delaware
River, in the vicinity of Anchorage 7, near Marcus Hook, PA. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by diving and pipeline
removal operations. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Delaware Bay. We invite your comments on this rulemaking.
DATES: This rule is effective without actual notice from December 14,
2017. For the purposes of enforcement, actual notice will be used from
December 9, 2017, through December 14, 2017. Comments and related
material must be received by the Coast Guard on or before January 16,
2018.
ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2017-1053. To view documents mentioned in this preamble as
being available in the docket, go to https://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may submit comments, identified by docket number, using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
Participation and Request for Comments'' portion of the SUPPLEMENTARY
INFORMATION section for
[[Page 58743]]
further instructions on submitting comments.
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 [email protected].
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. Regulatory History and Information
On November 28, 2017, the Coast Guard published a temporary safety
zone titled Safety Zone; Delaware River, Pipeline Removal, Marcus Hook,
PA (82 FR 56170). The temporary safety zone established a safety zone
from November 21, 2017, through December 8, 2017. The safety zone
covers all navigable waters within 250 yards of vessels and machinery
being used by personnel to conduct diving and pipe removal operations.
Due to unforeseen issues with the operation, the expected dates of work
have been changed and extended to February 28, 2018.
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
address the potential safety hazards associated with diving and
pipeline removal operations.
III. Background, Purpose, and Legal Basis
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Delaware Bay has determined that
potential hazards associated with diving and pipe removal operations
currently underway in the Delaware River, will be a safety concern for
anyone within a 250-yard radius of diving and pipe removal vessels and
machinery. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the operations are being conducted.
IV. Discussion of Comments, Changes, and the Interim Rule
Only two changes have been made to the existing temporary rule.
First, the original end date for enforcement of the safety zone was
December 8, 2017, and the end date for the enforcement of the safety
zone is being changed to February 28, 2018. Second, the enforcement
period regulatory text, paragraph (d), has been amended to indicate
what time of day the zone will be enforced. This timeframe was
discussed in the regulatory analyses statements of the temporary final
rule but was not included in the regulatory text itself.
This rule establishes a safety zone from December 9, 2017, through
February 28, 2018. The safety zone will cover all navigable waters
within 250 yards of vessels and machinery being used by personnel to
conduct diving and pipe removal operations.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13771 directs agencies to control regulatory costs through a
budgeting process. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the 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 E.O.
13771.
This regulatory action determination is based on the size, location
and duration of the security zone. Vessel traffic will be able to
safely transit around this safety zone which would impact a small
designated area of the Delaware River from December 9, 2017, through
February 28, 2018. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16, Local Notice to
Mariners, and Marine Safety Information Bulletin about the zone, and
the rule would allow vessels to seek permission to enter the zone.
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
would not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels that intend to transit
the security zone may be small entities, for the reasons stated in
section V.A above this rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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. 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 would 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 E.O. 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 E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it would 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
[[Page 58744]]
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 would 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 made a preliminary
determination 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 that will prohibit entry
within 250 yards of vessels and machinery being used by personnel to
conduct diving and pipe removal operations. It is categorically
excluded from further review under paragraph L60(d) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration (REC) is available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number USCG-2017-1053
for this rulemaking, indicate the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this rule as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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.T05-1053, to read as follows:
Sec. 165.T05-1053 Safety Zone, Delaware River; Pipeline Removal;
Marcus Hook, PA.
(a) Location. The following areas are safety zones: All navigable
waters within 250 yards of the towing vessel JOKER, Commerce
Construction crane barge KELLY, and associated diving and pipe removal
vessels, as well as any associated equipment, operating in Marcus Hook
Range and Anchorage No. 7 near Marcus Hook, PA, 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 80 with the towing vessel JOKER per this
section and the rules of the Road (33 CFR subchapter E). Vessels
requesting to transit shall contact the towing vessel JOKER on channel
13 or 80 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 JOKER.
No person or vessel may enter or remain in a safety zone without
permission from the Captain of the Port or the towing vessel JOKER.
(3) There are three sections of pipeline that will be removed. The
first two sections of pipeline to be removed are in Anchorage No. 7,
Marcus Hook Anchorage, in the Delaware River. During removal of these
sections of pipeline, the safety zone will restrict vessels from
anchoring in the lower portion of Anchorage No. 7.
(4) During removal of the third section of pipeline, operations
will be conducted within the main navigational channel and vessels will
be required to transit through the lower portion of Anchorage No. 7.
The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16, Local Notice to Mariners, and Marine Safety
Information Bulletin further defining specific work locations and
traffic patterns.
(5) All vessels must operate at the minimum safe speed necessary to
maintain steerage and reduce wake.
(6) This section applies to all vessels that intend to transit
through the safety
[[Page 58745]]
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
December 8, 2017, through February 28, 2018. Enforcement will generally
be between the hours of 5 a.m. and 7 p.m., Monday through Sunday, while
the zone is in effect.
Dated: December 8, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-26935 Filed 12-13-17; 8:45 am]
BILLING CODE 9110-04-P
