Safety Zones Delaware River, Philadelphia, PA, 13644-13646 [2018-06395]

Download as PDF amozie on DSK30RV082PROD with RULES 13644 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations while the vessel is transiting from the Delaware Bay Pilot’s Station to Greenwich Terminal in Philadelphia, Pennsylvania. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Delaware Bay (COTP) in the enforcement of the safety zone. (c) Regulations. (1) In accordance with the general safety zones regulations in subpart C of this part and except for as described in paragraph (c)(3) of this section, vessels may not enter, remain in, or transit the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter or remain in the zone, unless moored or anchored outside the main navigational channel, contact the COTP or the COTP’s representative via VHF–FM Channel 16. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (3) Vessels may transit the safety zone described in paragraph (a)(1) of this section without permission from the COTP if all of the following criteria are met: (i) The M/V ZHEN HUA 16 is anchored in a designated anchorage as defined in 33 CFR 110.157. (ii) Vessels maintain the minimum safe speed to reduce wake and maintain steerage. (iii) Except towing vessels designated as assist tugs and operating in such capacity, no vessel may meet, overtake or otherwise pass another unmoored or unanchored vessel within the safety zone. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement period. Enforcement of the safety zone will begin when the M/V ZHEN HUA 16 arrives at the Delaware Bay Pilot’s Station and terminate when the vessel completes mooring operations at the Greenwich Terminal in Philadelphia, Pennsylvania. The anticipated date of arrival for the M/V ZHEN HUA 16 at the Delaware Bay Pilot’s Station is March 20, 2018, with alternate dates of March 21, 22, 23, 24, 25, or 26, 2018. The exact timeframe that will be required to complete the transit is unable to be known in advance, but the Coast Guard estimates that it may take up to 48 hours from VerDate Sep<11>2014 18:02 Mar 29, 2018 Jkt 244001 arrival at Delaware Bay Pilot’s Station until complete mooring at Greenwich Terminal. Dated: March 20, 2018. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2018–06396 Filed 3–29–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0246] RIN 1625–AA00 Safety Zones Delaware River, Philadelphia, PA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the navigable waters of the Delaware River to restrict and protect vessel traffic during the offloading of two PostPanamax gantry cranes at the Port of Philadelphia. This action is intended to protect mariners and vessels from the hazards associated with these offloading activities. Entry of vessels or persons into this zone is prohibited unless a vessel meets the stated requirements or is specifically authorized by the Captain of the Port Delaware Bay. DATES: This rule is effective without actual notice from March 30, 2018 until April 3, 2018. For the purposes of enforcement, actual notice will be used from March 22, 2018, through March 30, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2018– 0246 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: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 operation, March 8, 2018, and the date when this safety zone needs to go into effect by. It is impracticable and contrary to the public interest to publish an NPRM before issuing this rule because we must establish this safety zone by March 23, 2018, to ensure the safety of persons and vessels participating in or transiting near the offloading operations of two PostPanamax gantry cranes at the Port of Philadelphia. 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 in the Delaware River presented by the offloading of equipment of this size. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The COTP Delaware Bay has determined that potential hazards are associated with the offloading of the two PostPanamax gantry cranes from the motor vessel (M/V) ZHEN HUA 16. IV. Discussion of the Rule The Coast Guard is establishing a temporary safety zone on the Delaware River bounded to the south by a line drawn from the southeast corner of Pier 124S at 39°53′41.751″ N, 075°08′19.1419″ W, thence eastsoutheast to the New Jersey Shoreline at 39°53′34″ N, 075°07′49″ W, and bounded to the north by the southernmost edge of the Walt Whitman E:\FR\FM\30MRR1.SGM 30MRR1 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations Bridge. This safety zone is needed to protect personnel and vessels, in the navigable waters within the safety zone as well as persons on the adjacent shoreline during offloading of the gantry cranes. This safety zone is needed for seven days beginning from the time of the M/V ZHEN HUA 16 arrives at Greenwich Terminal, unless cancelled earlier via Marine Safety Information Bulletin and Broadcast Notice to Mariners. Vessels may not enter, remain in, or transit the safety zone unless authorized by the COTP or the COTP’s designated representative. To seek permission to enter or remain in the zone, unless moored or anchored outside the main navigational channel, contact the COTP or the COTP’s representative via VHF– FM Channel 16. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. Vessels transiting the zone must maintain the minimum safe speed to reduce wake and maintain steerage. Except towing vessels designated as assist tugs and operating in such capacity, no vessel may meet, overtake or otherwise pass another unmoored or unanchored vessel within the safety zone. Regardless of travel direction, vessels shall remain east of the centerline of the main navigation channel. The navigable waters west of the centerline of the main navigation channel (on the green side of the centerline) is closed to navigation for the duration of the enforcement of this 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. amozie on DSK30RV082PROD with RULES 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 VerDate Sep<11>2014 18:02 Mar 29, 2018 Jkt 244001 from the requirements of Executive Order 13771. This regulatory action determination is based on the short duration of the rule. The rule also allows for vessels to transit through the safety zone if certain requirements are met, thus minimizing the impact on waterway traffic. 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). PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 13645 D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.1D, 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 stationary safety zone, which allows vessels to transit if certain requirements are met, lasting approximately six days. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A Record of Environmental Consideration E:\FR\FM\30MRR1.SGM 30MRR1 13646 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations 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: ■ 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.T05–0246 to read as follows: ■ amozie on DSK30RV082PROD with RULES § 165.T05–0246 Safety Zones; Delaware River, Philadelphia, PA. (a) Location. The following area is a safety zone: All navigable waters bounded to the south by a line drawn from the southeast corner of Pier 124S at 39°53′42″ N, 075°08′20″ W, thence east-southeast to the New Jersey shoreline at 39°53′34″ N, 075°07′47″ W, and bounded to the north by the southernmost edge of the Walt Whitman Bridge. These coordinates are based on the 1984 World Geodetic System (WGS 84). (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Delaware Bay (COTP) in the enforcement of the safety zone. (c) Regulations. (1) In accordance with the general safety zone regulations in subpart C of this part and except for as described in paragraph (c)(3) of this section, vessels may not enter, remain in, or transit the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. VerDate Sep<11>2014 18:02 Mar 29, 2018 Jkt 244001 (2) To seek permission to enter or remain in the zone, unless moored or anchored outside the main navigational channel, contact the COTP or the COTP’s representative via VHF–FM Channel 16. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (3) Vessels may transit the safety zone described in paragraph (a)(2) of this section if all of the following criteria are met: (i) Vessel shall maintain the minimum safe speed to reduce wake and maintain steerage. (ii) Except towing vessels designated as assist tugs and operating in such capacity, no vessel may meet, overtake or otherwise pass another unmoored or unanchored vessel within the safety zone. (iii) Regardless of travel direction, vessels shall remain east of the centerline of the main navigation channel. The centerline is depicted on U.S. Electronic Navigational Chart US5PA12M and is a line drawn approximately from 39°53′39″ N, 075°08′11″ W, thence north-northeast to approximate position 39°54′19″ N, 075°07′54″ W, and thence north to approximate position 39°54′20″ N, 075°07′54″ W. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement period. Enforcement of the safety zone will begin when the M/V ZHEN HUA 16 arrives at berth at the Greenwich Terminal in Philadelphia, Pennsylvania and end 7 days thereafter. The M/V ZHEN HUA 16 is expected to arrive at berth sometime between March 23rd and March 29th, 2018. Dated: March 22, 2018. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2018–06395 Filed 3–29–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: Forest Service 36 CFR Part 216 RIN 0596–AC65 Forest Service Directives Forest Service, USDA. Final rule with request for comments. AGENCY: ACTION: PO 00000 Frm 00022 Fmt 4700 This final rule updates the current regulations that establish procedures for public participation in the formulation of standards, criteria, and guidelines applicable to Forest Service programs as required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended (FRRRPA). These revisions will provide greater opportunity for public participation in the formulation of such standards, criteria, and guidelines by expanding and better defining the scope of policies subject to such review and utilizing technologies for public engagement that were not available at the time of the last amendment to these regulations in 1984. DATES: This rule is effective April 30, 2018. The Forest Service is publishing this rule as a final rule with comment. The Forest Service will accept written comments on this final rule until close of business May 29, 2018. See SUPPLEMENTARY INFORMATION for a description of how the Forest Service will respond to comments. ADDRESSES: Please submit comments via one of the following methods: 1. Public participation portal (preferred): https://cara.ecosystemmanagement.org/Public/ CommentInput?project=ORMS-1893. 2. Mail: Office of Regulatory and Management Services, c/o Michael Migliori; USDA Forest Service, Mailstop 1150, 1400 Independence Avenue SW, Washington, DC 20250. 3. Email: directive_comments@ fs.fed.us. 4. Fax: 202–649–1161. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received online via an online public reading room at https://cara.ecosystemmanagement.org/Public/ReadingRoom ?project=ORMS-1893, or at U.S. Forest Service, Office of Management and Regulatory Services, 201 14th St. SW, 2 Central, Washington, DC 20024.Visitors are encouraged to call ahead to (202) 205–1475 to facilitate entry to the building. SUMMARY: Sfmt 4700 Michael Migliori, Program Analyst, Directives and Regulations, Office of Regulatory and Management Services, mmigliori@fs.fed.us, (202) 205–2496. Individuals who use telecommunication devices for the deaf may call the Federal Information Relay Service at (800) 877– 8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday. SUPPLEMENTARY INFORMATION: E:\FR\FM\30MRR1.SGM 30MRR1

Agencies

[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13644-13646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06395]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0246]
RIN 1625-AA00


Safety Zones Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Delaware River to restrict and protect vessel 
traffic during the offloading of two Post-Panamax gantry cranes at the 
Port of Philadelphia. This action is intended to protect mariners and 
vessels from the hazards associated with these offloading activities. 
Entry of vessels or persons into this zone is prohibited unless a 
vessel meets the stated requirements or is specifically authorized by 
the Captain of the Port Delaware Bay.

DATES: This rule is effective without actual notice from March 30, 2018 
until April 3, 2018. For the purposes of enforcement, actual notice 
will be used from March 22, 2018, through March 30, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0246 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 
[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. 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 operation, March 
8, 2018, and the date when this safety zone needs to go into effect by. 
It is impracticable and contrary to the public interest to publish an 
NPRM before issuing this rule because we must establish this safety 
zone by March 23, 2018, to ensure the safety of persons and vessels 
participating in or transiting near the offloading operations of two 
Post-Panamax gantry cranes at the Port of Philadelphia.
    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 in the Delaware River presented by the offloading of 
equipment of this size.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Delaware Bay has determined that potential hazards are 
associated with the offloading of the two Post-Panamax gantry cranes 
from the motor vessel (M/V) ZHEN HUA 16.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on the 
Delaware River bounded to the south by a line drawn from the southeast 
corner of Pier 124S at 39[deg]53'41.751'' N, 075[deg]08'19.1419'' W, 
thence east-southeast to the New Jersey Shoreline at 39[deg]53'34'' N, 
075[deg]07'49'' W, and bounded to the north by the southernmost edge of 
the Walt Whitman

[[Page 13645]]

Bridge. This safety zone is needed to protect personnel and vessels, in 
the navigable waters within the safety zone as well as persons on the 
adjacent shoreline during offloading of the gantry cranes. This safety 
zone is needed for seven days beginning from the time of the M/V ZHEN 
HUA 16 arrives at Greenwich Terminal, unless cancelled earlier via 
Marine Safety Information Bulletin and Broadcast Notice to Mariners.
    Vessels may not enter, remain in, or transit the safety zone unless 
authorized by the COTP or the COTP's designated representative. To seek 
permission to enter or remain in the zone, unless moored or anchored 
outside the main navigational channel, contact the COTP or the COTP's 
representative via VHF-FM Channel 16.
    Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative. Vessels transiting the zone must maintain the minimum 
safe speed to reduce wake and maintain steerage. Except towing vessels 
designated as assist tugs and operating in such capacity, no vessel may 
meet, overtake or otherwise pass another unmoored or unanchored vessel 
within the safety zone. Regardless of travel direction, vessels shall 
remain east of the centerline of the main navigation channel. The 
navigable waters west of the centerline of the main navigation channel 
(on the green side of the centerline) is closed to navigation for the 
duration of the enforcement of this 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 short duration 
of the rule. The rule also allows for vessels to transit through the 
safety zone if certain requirements are met, thus minimizing the impact 
on waterway traffic.

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 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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 stationary safety zone, which allows vessels to transit if certain 
requirements are met, lasting approximately six days. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration

[[Page 13646]]

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.T05-0246 to read as follows:


Sec.  165.T05-0246  Safety Zones; Delaware River, Philadelphia, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters bounded to the south by a line drawn from the southeast corner 
of Pier 124S at 39[deg]53'42'' N, 075[deg]08'20'' W, thence east-
southeast to the New Jersey shoreline at 39[deg]53'34'' N, 
075[deg]07'47'' W, and bounded to the north by the southernmost edge of 
the Walt Whitman Bridge. These coordinates are based on the 1984 World 
Geodetic System (WGS 84).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Delaware Bay (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) In accordance with the general safety zone 
regulations in subpart C of this part and except for as described in 
paragraph (c)(3) of this section, vessels may not enter, remain in, or 
transit the safety zone described in paragraph (a) of this section 
unless authorized by the COTP or the COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, unless 
moored or anchored outside the main navigational channel, contact the 
COTP or the COTP's representative via VHF-FM Channel 16. Those in the 
safety zone must comply with all lawful orders or directions given to 
them by the COTP or the COTP's designated representative.
    (3) Vessels may transit the safety zone described in paragraph 
(a)(2) of this section if all of the following criteria are met:
    (i) Vessel shall maintain the minimum safe speed to reduce wake and 
maintain steerage.
    (ii) Except towing vessels designated as assist tugs and operating 
in such capacity, no vessel may meet, overtake or otherwise pass 
another unmoored or unanchored vessel within the safety zone.
    (iii) Regardless of travel direction, vessels shall remain east of 
the centerline of the main navigation channel. The centerline is 
depicted on U.S. Electronic Navigational Chart US5PA12M and is a line 
drawn approximately from 39[deg]53'39'' N, 075[deg]08'11'' W, thence 
north-northeast to approximate position 39[deg]54'19'' N, 
075[deg]07'54'' W, and thence north to approximate position 
39[deg]54'20'' N, 075[deg]07'54'' W.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement period. Enforcement of the safety zone will begin 
when the M/V ZHEN HUA 16 arrives at berth at the Greenwich Terminal in 
Philadelphia, Pennsylvania and end 7 days thereafter. The M/V ZHEN HUA 
16 is expected to arrive at berth sometime between March 23rd and March 
29th, 2018.

    Dated: March 22, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-06395 Filed 3-29-18; 8:45 am]
 BILLING CODE 9110-04-P