Safety Zone, Delaware River; Diving and Survey Operations; Marcus Hook, PA, 17078-17081 [2018-08110]
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17078
Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations
List of Subjects in 14 CFR Part 29
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
DEPARTMENT OF HOMELAND
SECURITY
The Coast
Guard will enforce the special local
regulation established in 33 CFR
100.1103, Table 1, Item number 3 on
April 22, 2018. From 9 a.m. to 1 p.m.
on April 22, 2018 the special local
regulation applies to the navigable
waters from Bluff Point on the
southeastern side of Tiburon Peninsula
to Point Campbell on the northern edge
of Angel Island, and from Peninsula
Point on the southern edge of Tiburon
Peninsula to Point Stuart on the western
edge of Angel Island.
Under the provisions of 33 CFR
100.1103, unauthorized persons or
vessels are prohibited from entering
into, transiting through, or anchoring in
the regulated area during all applicable
effective dates and times, unless
authorized to do so by the PATCOM.
Additionally, each person who receives
notice of a lawful order or direction
issued by an official patrol vessel shall
obey the order or direction. The
PATCOM is empowered to forbid entry
into and control the regulated area. The
PATCOM shall be designated by the
Commander, Coast Guard Sector San
Francisco. The PATCOM may, upon
request, allow the transit of commercial
vessels through regulated areas when it
is safe to do so.
This notice is issued under authority
of 33 CFR 165.1103 and 5 U.S.C. 552(a).
In addition to this notification in the
Federal Register, the Coast Guard plans
to provide the maritime community
with extensive advance notification of
the regulated area and its enforcement
period via the Local Notice to Mariners.
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notification, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the regulated area.
RIN 1625–AA00
SUPPLEMENTARY INFORMATION:
The Special Conditions
Accordingly, pursuant to the authority
delegated to me by the Administrator,
the following special conditions are
issued as part of the type certification
basis for the Bell Helicopter Textron,
Inc., Model 525 helicopter:
Mode Annunciation: A means must be
provided, within the pilots’ primary
field of view, to indicate to the crew any
mode that significantly changes or
degrades the handling or operational
characteristics of the rotorcraft in such
a way as to alter the pilots’ primary
control strategy.
■
Issued in Fort Worth, Texas, on March 30,
2018.
Jorge Castillo,
Acting Manager, Rotorcraft Standards
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2018–08139 Filed 4–17–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2018–0323]
Special Local Regulations for Marine
Events; Blessing of the Fleet, Tiburon,
CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the special local regulations in the
navigable waters of the San Francisco
Bay for the annual Blessing of the Fleet
to be held on April 22, 2018. This action
is necessary to ensure the safety of event
participants and spectators. During the
enforcement period, unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
anchoring in the regulated area, unless
authorized by the Patrol Commander
(PATCOM).
SUMMARY:
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If
you have questions on this notice of
enforcement, call or email Lieutenant
Junior Grade Emily Rowan, U.S. Coast
Guard Sector San Francisco; telephone
(415) 399–7443 or email at D11-PFMarineEvents@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
Dated: April 12, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the
Port of San Francisco.
[FR Doc. 2018–08109 Filed 4–17–18; 8:45 am]
BILLING CODE 9110–04–P
The regulations in 33 CFR
100.1103, Table 1, Item number 3 will
be enforced from 9 a.m. to 1 p.m. on
April 22, 2018.
DATES:
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Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0322]
Safety Zone, Delaware River; Diving
and Survey Operations; Marcus Hook,
PA
Coast Guard, DHS.
Temporary final rule; request for
comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone encompassing
all navigable waters within a 250-yard
radius of the Commerce Construction
vessels and associated equipment
conducting survey and diving
operations in the Delaware River, and in
the vicinity of Anchorage 7, near
Marcus Hook, PA. The safety zone is
needed to protect personnel, vessels,
associated equipment, and the marine
environment from potential hazards
created by survey and diving operations.
Entry of persons or vessels into this
safety zone will be prohibited unless
specifically authorized by the Captain of
the Port Delaware Bay. We invite your
comments on this rule.
DATES: This rule is effective from April
30, 2018 through June 30, 2018.
Comments and related material must be
received by the Coast Guard on or before
May 18, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0322 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
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this
rulemaking, 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:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
APA Administrative Procedure Act
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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Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
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 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 28, 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 the safety
zone by April 30, 2018, to ensure the
safety of personnel, vessels, associated
equipment, and the marine environment
from potential hazards created by
survey and diving operations the Coast
Guard is providing an opportunity to
comment prior to the rule becoming
effective and while the rule is in effect
and may amend the rule after it is
effective if necessary.
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
hazards presented by survey and diving
operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Delaware Bay
(COTP) has determined that a safety
zone is necessary to mitigate the hazards
involving survey and diving operations.
The safety zone covers all navigable
waters within 250-yards of vessels and
associated equipment being used by
personnel to conduct survey and diving
operations.
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IV. Discussion of the Rule
This rule establishes a safety zone
from April 30, 2018, through June 30,
2018. The safety zone will cover all
navigable waters within 250-yards of
survey and diving operation vessels, as
well as any associated equipment,
operating in Marcus Hook Anchorage
No. 7 near Marcus Hook, PA, and within
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the Marcus Hook Range on the Delaware
River. Diving and survey operations
conducted within the anchorage will be
in the southernmost portion of the
anchorage on the eastern side adjacent
to the New Jersey shoreline. The
affiliated safety zone will restrict
available anchorage grounds in the
lower portion of Anchorage No. 7.
During diving and survey operations
conducted within navigable channel of
the Marcus Hook Range, vessels will not
be permitted to anchor within the
southern portion of the anchorage as
this section will be utilized to allow
traffic to safely pass around the safety
zone. Information on procedures for
requesting permission to anchor, as well
as any changes to traffic patterns, will
be distributed to the maritime
community via the methods stated
below.
Notification regarding the specific
location of the zone and any changes to
traffic patterns will be sent to the
maritime community via Broadcast
Notice to Mariners and Marine Safety
information Bulletins. Marine Safety
Information Bulletins may be obtained
from https://homeport.uscg.mil/portdirectory/delaware-bay or by calling the
Coast Guard Delaware Bay Command
Center at 215–271–4807.
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, 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 Executive
Order 13771.
This regulatory action determination
is based on size, location and duration
of the safety zone. The safety zone will
impact a small designated area of
Marcus Hook Anchorage No. 7 and the
Marcus Hook Range on the Delaware
River. During enforcement periods of
the safety zone these impacts include
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17079
restrictions to the location, type and size
of vessels that may anchor in the
Marcus Hook Anchorage. However,
other anchorages in the Delaware River
will remain fully operational as
alternatives for vessel traffic. Vessel
traffic will be able to safely transit
around the safety zone. 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.
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 intending to transit the safety
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).
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Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations
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 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 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
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
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 250yards of survey and diving operation
vessels, as well as any associated
equipment, operating in Marcus Hook
Anchorage No. 7 and Marcus Hook
Range, on the Delaware River. Normally
such actions are categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
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16:24 Apr 17, 2018
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Instruction Manual 023–01–001–01,
Rev. 01. A preliminary Record of
Environmental Consideration
supporting this determination 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.
1. The authority citation for part 165
continues to read as follows:
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.
The Coast Guard may amend this
temporary final rule if we receive
comments from the public that indicate
that a change is warranted. If you
submit a comment, please include the
docket number 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, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this
temporary final 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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Fmt 4700
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■
G. Protest Activities
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requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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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.T05–0322 to read as
follows:
■
§ 165.T05–0322 Safety Zone, Delaware
River; Diving and Survey Operations;
Marcus Hook, PA.
(a) Location. The following areas are
safety zones: All navigable waters
within 250-yards of Commerce
Construction crane barge KELLY and
the towing vessel JOKER, as well as any
associated equipment, operating in
Marcus Hook Anchorage No. 7 or
Marcus Hook Range, 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 subpart C of
this part apply to the safety zones
created by this section.
(1) Entry into or transiting within the
zones 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 16 with the
crane barge KELLY or towing vessel
JOKER.
(2) Any vessel wishing to anchor
within Marcus Hook Anchorage No. 7 is
required to verify compliance with
current temporary restrictions and
requirements noted within the most
current Sector Delaware Bay Marine
Safety Information Bulletin. The most
current Marine Safety Information
Bulletin may be obtained at https://
homeport.uscg.mil/port-directory/
delaware-bay or by calling the Coast
Guard Delaware Bay Command Center
at 215–271–4807.
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Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations
(3) All vessels authorized to enter or
transit the zones must operate at the
minimum safe speed necessary to
maintain steerage and reduce wake.
(4) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
servicing, and emergency response
operations.
(d) Enforcement periods. This section
will be enforced from April 30, 2018,
through June 30, 2018.
Dated: April 12, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2018–08110 Filed 4–17–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[FL–2017; FRL–9975–70–Region 4]
Air Plan Approval; Florida; Update to
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notification of
administrative change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the Florida state implementation
plan (SIP). The regulations affected by
this update have been previously
submitted by Florida and approved by
EPA. This update affects the materials
that are available for public inspection
at the National Archives and Records
Administration (NARA) and the EPA
Regional Office.
DATES: This action is effective April 18,
2018.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, GA 30303; and the
National Archives and Records
Administration. For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html. To view the
materials at the Region 4 Office, EPA
request that you email the contact listed
in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
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SUMMARY:
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and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Mr. Lakeman can
be reached via telephone at (404) 562–
9043 or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
elements as air pollution control
regulations, emission inventories,
monitoring networks, attainment
demonstrations, and enforcement
mechanisms.
Each state must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them and
then submit the proposed SIP revisions
to EPA. Once these control measures
and strategies are approved by EPA, and
after notice and comment, they are
incorporated into the federallyapproved SIP and are identified in part
52 ‘‘Approval and Promulgation of
Implementation Plans,’’ title 40 of the
Code of Federal Regulations (40 CFR
part 52). The full text of the state
regulation approved by EPA is not
reproduced in its entirety in 40 CFR part
52, but is ‘‘incorporated by reference.’’
This means that EPA has approved a
given state regulation with a specific
effective date. The public is referred to
the location of the full text version
should they want to know which
measures are contained in a given SIP.
The information provided allows EPA
and the public to monitor the extent to
which a state implements a SIP to attain
and maintain the NAAQS and to take
enforcement action if necessary.
The SIP is a living document which
the state can revise as necessary to
address the unique air pollution
problems in the state. Therefore, EPA
from time to time must take action on
proposed revisions containing new and/
or revised state regulations. A
submission from a state can revise one
or more rules in their entirety or
portions of rules, even change a single
word. The state indicates the changes in
the submission (such as, by using
redline/strikethrough) and EPA then
takes action on the requested changes.
EPA establishes a docket for its actions
using a unique Docket Identification
Number. which is listed in each action.
These dockets and the complete
submission are available for viewing on
www.regulations.gov.
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17081
On May 22, 1997, (62 FR 27968), EPA
revised the procedures for incorporating
by reference, into the Code of Federal
Regulations, materials approved by EPA
into each state SIP. These changes
revised the format for the identification
of the SIP in 40 CFR part 52,
streamlined the mechanisms for
announcing EPA approval of revisions
to a SIP, and streamlined the
mechanisms for EPA’s updating of the
IBR information contained for each SIP
in 40 CFR part 52. The revised
procedures also called for EPA to
maintain ‘‘SIP Compilations’’ that
contain the federally-approved
regulations and source specific permits
submitted by each state agency. These
SIP Compilations are updated primarily
on an annual basis. Under the revised
procedures, EPA must periodically
publish an informational document in
the rules section of the Federal Register
notifying the public that updates have
been made to a SIP Compilation for a
particular state. EPA applied the 1997
revised procedures to Florida on June
16, 1999 (64 FR 32346).
II. EPA Action
This action represents EPA’s
publication of the Florida SIP
Compilation update, appearing in 40
CFR part 52: Specifically, the materials
of paragraphs (c) and (d) at 40 CFR 52.
In addition, notice is provided of
correcting typographical errors, state
effective dates, EPA approval dates and
Federal Register citations listed in to
Table (c) paragraph of paragraph 52.520,
as described below:
A. Under the ‘‘State effective date’’ and
‘‘EPA approval date’’ changing the 2-digit
year to reflect a 4-digit year (for consistency)
and correcting numerous Federal Register
citation to reflect the first page of the
preamble opposed to the regulatory text page.
B. 62–204.220 Title is revised to read
‘‘Ambient Air Quality Protection.’’
C. 62–210.920 entry is removed from table.
See 82 FR 46682
D. 62–244.100 State effective date is
revised to read ‘‘2/21/1990’’.
E. 62–244.200 State effective date is
revised to read ‘‘2/21/1990’’.
F. 62–244.300 State effective date is
revised to read ‘‘2/21/1990’’.
G. 62–244.400 State effective date is
revised to read ‘‘2/21/1990’’.
H. 62–244.500 State effective date is
revised to read ‘‘2/21/1990’’.
I. 62–244.600 State effective date is revised
to read ‘‘2/21/1990’’.
J. 62–296.509 entry is removed from table
because EPA previously approved removal of
the rule from the Florida SIP. See 74 FR
26103 (June 1, 2009).
III. Good Cause Exemption
EPA has determined that this action
falls under the ‘‘good cause’’ exemption
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]]>Agencies
[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Rules and Regulations]
[Pages 17078-17081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08110]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0322]
RIN 1625-AA00
Safety Zone, Delaware River; Diving and Survey Operations; Marcus
Hook, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone encompassing all
navigable waters within a 250-yard radius of the Commerce Construction
vessels and associated equipment conducting survey and diving
operations in the Delaware River, and in the vicinity of Anchorage 7,
near Marcus Hook, PA. The safety zone is needed to protect personnel,
vessels, associated equipment, and the marine environment from
potential hazards created by survey and diving operations. Entry of
persons or vessels into this safety zone will be prohibited unless
specifically authorized by the Captain of the Port Delaware Bay. We
invite your comments on this rule.
DATES: This rule is effective from April 30, 2018 through June 30,
2018. Comments and related material must be received by the Coast Guard
on or before May 18, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0322 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 further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, 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
APA Administrative Procedure Act
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
[[Page 17079]]
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and 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 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 28, 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 the safety zone by April 30, 2018, to ensure the safety
of personnel, vessels, associated equipment, and the marine environment
from potential hazards created by survey and diving operations the
Coast Guard is providing an opportunity to comment prior to the rule
becoming effective and while the rule is in effect and may amend the
rule after it is effective if necessary.
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 hazards presented by
survey and diving operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Delaware Bay (COTP) has determined that a
safety zone is necessary to mitigate the hazards involving survey and
diving operations. The safety zone covers all navigable waters within
250-yards of vessels and associated equipment being used by personnel
to conduct survey and diving operations.
IV. Discussion of the Rule
This rule establishes a safety zone from April 30, 2018, through
June 30, 2018. The safety zone will cover all navigable waters within
250-yards of survey and diving operation vessels, as well as any
associated equipment, operating in Marcus Hook Anchorage No. 7 near
Marcus Hook, PA, and within the Marcus Hook Range on the Delaware
River. Diving and survey operations conducted within the anchorage will
be in the southernmost portion of the anchorage on the eastern side
adjacent to the New Jersey shoreline. The affiliated safety zone will
restrict available anchorage grounds in the lower portion of Anchorage
No. 7. During diving and survey operations conducted within navigable
channel of the Marcus Hook Range, vessels will not be permitted to
anchor within the southern portion of the anchorage as this section
will be utilized to allow traffic to safely pass around the safety
zone. Information on procedures for requesting permission to anchor, as
well as any changes to traffic patterns, will be distributed to the
maritime community via the methods stated below.
Notification regarding the specific location of the zone and any
changes to traffic patterns will be sent to the maritime community via
Broadcast Notice to Mariners and Marine Safety information Bulletins.
Marine Safety Information Bulletins may be obtained from https://homeport.uscg.mil/port-directory/delaware-bay or by calling the Coast
Guard Delaware Bay Command Center at 215-271-4807.
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, 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 Executive Order 13771.
This regulatory action determination is based on size, location and
duration of the safety zone. The safety zone will impact a small
designated area of Marcus Hook Anchorage No. 7 and the Marcus Hook
Range on the Delaware River. During enforcement periods of the safety
zone these impacts include restrictions to the location, type and size
of vessels that may anchor in the Marcus Hook Anchorage. However, other
anchorages in the Delaware River will remain fully operational as
alternatives for vessel traffic. Vessel traffic will be able to safely
transit around the safety zone. 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.
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 intending to transit the
safety 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).
[[Page 17080]]
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 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 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
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 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 survey and diving operation vessels, as well as any
associated equipment, operating in Marcus Hook Anchorage No. 7 and
Marcus Hook Range, on the Delaware River. Normally such actions are
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
preliminary Record of Environmental Consideration supporting this
determination 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. The Coast Guard may amend this temporary final rule if we
receive comments from the public that indicate that a change is
warranted. If you submit a comment, please include the docket number
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, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this temporary final 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.
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.T05-0322 to read as follows:
Sec. 165.T05-0322 Safety Zone, Delaware River; Diving and Survey
Operations; Marcus Hook, PA.
(a) Location. The following areas are safety zones: All navigable
waters within 250-yards of Commerce Construction crane barge KELLY and
the towing vessel JOKER, as well as any associated equipment, operating
in Marcus Hook Anchorage No. 7 or Marcus Hook Range, 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
subpart C of this part apply to the safety zones created by this
section.
(1) Entry into or transiting within the zones 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 16 with the crane barge KELLY or towing vessel JOKER.
(2) Any vessel wishing to anchor within Marcus Hook Anchorage No. 7
is required to verify compliance with current temporary restrictions
and requirements noted within the most current Sector Delaware Bay
Marine Safety Information Bulletin. The most current Marine Safety
Information Bulletin may be obtained at https://homeport.uscg.mil/port-directory/delaware-bay or by calling the Coast Guard Delaware Bay
Command Center at 215-271-4807.
[[Page 17081]]
(3) All vessels authorized to enter or transit the zones must
operate at the minimum safe speed necessary to maintain steerage and
reduce wake.
(4) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
(d) Enforcement periods. This section will be enforced from April
30, 2018, through June 30, 2018.
Dated: April 12, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-08110 Filed 4-17-18; 8:45 am]
BILLING CODE 9110-04-P
