Safety Zone; Delaware River, Dredging Operation Equipment Recovery, Marcus Hook Range, Chester, PA, 60360-60362 [2018-25668]
Download as PDF
60360
Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and 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
[FR Doc. 2018–25678 Filed 11–23–18; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
II. Background Information and
Regulatory History
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0913]
RIN 1625–AA00
Safety Zone; Delaware River, Dredging
Operation Equipment Recovery,
Marcus Hook Range, Chester, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 250-yard
radius of Great Lakes Dredge & Dock
Company vessels and machinery
conducting emergency diving and
equipment removal operations in the
Delaware River within Marcus Hook
Range near Chester, Pennsylvania. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by broken equipment removal
operations. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Delaware Bay or a designated
representative.
DATES: This rule is effective without
actual notice from November 19, 2018
through November 26, 2018. For the
purposes of enforcement, actual notice
will be used from November 26, 2018
through November 30, 2018. This rule
may be withdrawn if the project is
completed before the stated end date.
This rule will be enforced continuously
each day the rule is in effect.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0913 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 Thomas Welker, U.S.
Coast Guard, Sector Delaware Bay,
Waterways Management Division;
telephone (215) 271–4814, email
Thomas.J.Welker@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
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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 because it is
impracticable and contrary to the public
interest to do so. The rule must be
established by November 18, 2018, to
serve its purpose of providing safety
during the recovery of a broken hydrohammer associated with dredging
operations. The Coast Guard was
notified of the recovery operation
schedule on November 18, 2018, and a
safety zone must be established by
November 18, 2018 to address the
hazards associated with diving and
equipment removal operations.
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 potential safety hazards associated
with diving and equipment removal
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 potential
hazards associated with emergency
diving and equipment recovery
operations beginning November 19,
2018, will be a safety concern for
anyone within a 250-yard radius of
diving and equipment recovery 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 to recover the broken hydrohammer are being conducted.
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IV. Discussion of the Rule
This rule establishes a temporary
safety zone on November 19, 2018
through November 30, 2018, within 250
yards of vessels and machinery being
used by personnel to conduct diving
and equipment recovery operations, at
approximately 39°49.3002′ N Latitude,
¥75°22.8966′ W Longitude, in the
Marcus Hook Range of the Delaware
River. During diving and equipment
recovery operations, persons or vessels
will not be permitted to enter the safety
zone without obtaining permission from
the COTP or the COTP’s designated
representative. Vessels wishing to
transit the safety zone in the clear side
of the main navigational channel may
do so if they can make satisfactory
passing arrangements with dredge NEW
YORK or tug INDIAN DAWN in
accordance with the Navigational Rules
in 33 CFR subchapter E via VHF–FM 88
at least 1 hour prior to arrival and at 30
minutes prior to arrival to arrange safe
passage. If vessels are unable to make
satisfactory passing arrangements with
the dredge NEW YORK or tug INDIAN
DAWN, they may request permission
from the COTP, or his designated
representative, to enter and transit the
safety zone on VHF–FM channel 16. All
vessels must operate at the minimum
safe speed necessary to maintain
steerage and reduce wake while
transiting the safety zone. The Coast
Guard will issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 and Marine Safety Information
Bulletin further defining specific work
locations and traffic patterns.
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
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Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone, which
will impact a small designated area of
the Delaware River. Although persons
and vessels may not enter the safety
zone without authorization from the
COTP or a designated representative of
the COTP, they may operate in the
surrounding area during the
enforcement period. Moreover, the
Coast Guard will issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 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 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
VerDate Sep<11>2014
16:13 Nov 23, 2018
Jkt 247001
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
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60361
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves an
emergency safety zone that will prohibit
persons and vessels from entering a
limited area on the navigable water in
the Delaware Bay, during an emergency
diving and equipment recovery
operation. It is categorically excluded
from further review under paragraph
L60(c) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01.
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.T05–0913 to read as
follows:
■
§ 165.T05–0913 Safety Zone; Delaware
River, Dredging Operation Equipment
Recovery, Mantua Creek Anchorage.
(a) Location. The following area is a
safety zone: All navigable waters within
250 yards of vessels and machinery
associated with diving and pipeline
removal operating on the Delaware
River, at approximately 39°49.3002′ N
Latitude, 075°22.8966′ W Longitude, in
the Marcus Hook Range near Chester,
Pennsylvania. All coordinates are based
on Datum NAD 1983.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
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Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations
of the Port Delaware Bay (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Entry into or
transiting within the 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 channel 88, with the dredge
NEW YORK or tug INDIAN DAWN per
this section and the Rules of the Road
(33 CFR chapter I, subchapter E).
Vessels requesting to transit shall
contact the dredge NEW YORK or tug
INDIAN DAWN on channel 88 at least
1 hour prior to arrival and at 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, dredge NEW
YORK, or tug INDIAN DAWN. No
person or vessel may enter or remain in
a safety zone without permission from
the Captain of the Port, dredge NEW
YORK, or tug INDIAN DAWN.
(3) All vessels must operate at the
minimum safe speed necessary to
maintain steerage and reduce wake.
(4) This section applies to all vessels
that intend to transit through the safety
zone except vessels that are engaged in
the following operations: Enforcement
of laws, service of aids to navigation,
and emergency response.
(d) Enforcement. 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 periods. This section
will be enforced continuously from
November 19, 2018 through November
30, 2018, or completion of the
equipment removal, whichever is
sooner.
Dated: November 19, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard Captain of the
Port Delaware Bay.
[FR Doc. 2018–25668 Filed 11–23–18; 8:45 am]
BILLING CODE 9110–04–P
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Jkt 247001
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 384
[Docket No. 17–CRB–0001–BER (2019–
2023)]
Determination of Royalty Rates and
Terms for Making Ephemeral Copies of
Sound Recordings for Transmission to
Business Establishments (Business
Establishments III)
Copyright Royalty Board,
Library of Congress.
ACTION: Final rule.
AGENCY:
The Copyright Royalty Judges
(Judges) publish final regulations setting
rates and terms for the making of an
ephemeral recording of a sound
recording by a business establishment
service for the period January 1, 2019,
through December 31, 2023.
DATES: Effective date: January 1, 2019.
ADDRESSES: For access to the docket to
read submitted background documents
go to eCRB, the Copyright Royalty
Board’s electronic filing and case
management system, at https://
app.crb.gov/ and search for docket
number 17–CRB–0001–BER (2019–
2023).
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Specialist,
by telephone at (202) 707–7658 or email
at crb@loc.gov.
SUPPLEMENTARY INFORMATION: In 1995,
Congress enacted the Digital
Performance Right in Sound Recordings
Act, Public Law 104–39, which created
an exclusive right, subject to certain
limitations, for copyright owners of
sound recordings to perform publicly
those sound recordings by means of
certain digital audio transmissions.
Among the limitations on the
performance right was the creation of a
statutory license for nonexempt,
noninteractive digital subscription
transmissions. 17 U.S.C. 114(d).
The scope of the section 114 statutory
license was expanded in 1998 upon the
passage of the Digital Millennium
Copyright Act of 1998 (DMCA), Public
Law 105–34. The DMCA created, inter
alia, a statutory license for the making
of an ‘‘ephemeral recording’’ of a sound
recording by certain transmitting
organizations. 17 U.S.C. 112(e). This
license, among other things, allows
entities that transmit performances of
sound recordings to business
establishments to make an ephemeral
recording of a sound recording for later
transmission, pursuant to the
PO 00000
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limitations set forth in section
114(d)(1)(C)(iv).
Chapter 8 of the Copyright Act
requires the Judges to conduct
proceedings every five years to
determine the royalty rates and terms
for ‘‘the activities described in section
112(e)(1) relating to the limitation on
exclusive rights specified by section
114(d)(1)(C)(iv).’’ 17 U.S.C. 801(b)(1),
804(b)(2). Accordingly, the Judges
published a notice commencing the
current proceeding and requesting that
interested parties submit petitions to
participate. 82 FR 143 (Jan. 3, 2017).
The Judges received Petitions to
Participate from Mood Media
Corporation, Music Choice, David
Powell, David Rahn,1 Rockbot, Inc.,2
Sirius XM Radio Inc., and
SoundExchange, Inc. The Judges
initiated the three-month negotiation
period and directed the participants to
submit written direct statements no later
than May 14, 2018.
On May 4, 2018, the Judges received
a joint Motion to Adopt Settlement from
Mr. Rahn, Mood Media Corp., Music
Choice, Sirius XM Radio Inc., and
SoundExchange, Inc., (Moving Parties)
stating that they had reached a
settlement obviating the need for
written evidentiary statements or a
hearing.3
Section 801(b)(7)(A) of the Copyright
Act authorizes the Judges to adopt
royalty rates and terms negotiated by
‘‘some or all of the participants in a
proceeding at any time during the
proceeding’’ provided they are
submitted to the Judges for approval.
The Judges must provide ‘‘an
opportunity to comment on the
agreement’’ to participants and nonparticipants in the rate proceeding who
‘‘would be bound by the terms, rates, or
other determination set by any
1 In his Petition to Participate, Mr. Rahn
identified himself as a shareholder in SBR Creative
Media, Inc. and its subsidiary
CustomerChannels.net, LLC.
2 Rockbot withdrew its Petition to Participate on
January 11, 2018.
3 According to the Motion, David Powell,
although having filed a Petition to Participate, did
not otherwise participate in the proceeding. Motion
at 2. The Moving Parties represent that counsel for
Mood Media attempted unsuccessfully to contact
Mr. Powell to discuss the filing of the Motion. Id.
at 2–3. Mr. Powell also did not respond to the
request for comments on the proposed regulations.
On May 14, 2018, shortly before the proposed
regulations were published, however, Mr. Powell
filed a ‘‘Verified Motion for Enlargement of Time,
and Agreed with Settlement Parties to Adopt
Settlement Ex-Parte,’’ which the Judges accept as a
notice that Mr. Powell does not object to the
settlement. The Judges make no finding with regard
to Mr. Powell’s eligibility to participate in this
proceeding. To the extent Mr. Powell has an interest
in the business establishment services license, he
will be bound by the royalty rates and terms the
Judges adopt.
E:\FR\FM\26NOR1.SGM
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Agencies
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Rules and Regulations]
[Pages 60360-60362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25668]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0913]
RIN 1625-AA00
Safety Zone; Delaware River, Dredging Operation Equipment
Recovery, Marcus Hook Range, Chester, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 250-yard radius of Great Lakes Dredge & Dock
Company vessels and machinery conducting emergency diving and equipment
removal operations in the Delaware River within Marcus Hook Range near
Chester, Pennsylvania. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
broken equipment removal operations. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Delaware Bay or a designated representative.
DATES: This rule is effective without actual notice from November 19,
2018 through November 26, 2018. For the purposes of enforcement, actual
notice will be used from November 26, 2018 through November 30, 2018.
This rule may be withdrawn if the project is completed before the
stated end date. This rule will be enforced continuously each day the
rule is in effect.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0913 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 Thomas Welker, U.S. Coast Guard, Sector
Delaware Bay, Waterways Management Division; 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 because it is impracticable and contrary to
the public interest to do so. The rule must be established by November
18, 2018, to serve its purpose of providing safety during the recovery
of a broken hydro-hammer associated with dredging operations. The Coast
Guard was notified of the recovery operation schedule on November 18,
2018, and a safety zone must be established by November 18, 2018 to
address the hazards associated with diving and equipment removal
operations.
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 potential safety
hazards associated with diving and equipment removal 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
potential hazards associated with emergency diving and equipment
recovery operations beginning November 19, 2018, will be a safety
concern for anyone within a 250-yard radius of diving and equipment
recovery 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 to recover the broken
hydro-hammer are being conducted.
IV. Discussion of the Rule
This rule establishes a temporary safety zone on November 19, 2018
through November 30, 2018, within 250 yards of vessels and machinery
being used by personnel to conduct diving and equipment recovery
operations, at approximately 39[deg]49.3002' N Latitude, -
75[deg]22.8966' W Longitude, in the Marcus Hook Range of the Delaware
River. During diving and equipment recovery operations, persons or
vessels will not be permitted to enter the safety zone without
obtaining permission from the COTP or the COTP's designated
representative. Vessels wishing to transit the safety zone in the clear
side of the main navigational channel may do so if they can make
satisfactory passing arrangements with dredge NEW YORK or tug INDIAN
DAWN in accordance with the Navigational Rules in 33 CFR subchapter E
via VHF-FM 88 at least 1 hour prior to arrival and at 30 minutes prior
to arrival to arrange safe passage. If vessels are unable to make
satisfactory passing arrangements with the dredge NEW YORK or tug
INDIAN DAWN, they may request permission from the COTP, or his
designated representative, to enter and transit the safety zone on VHF-
FM channel 16. All vessels must operate at the minimum safe speed
necessary to maintain steerage and reduce wake while transiting the
safety zone. The Coast Guard will issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 and Marine Safety Information Bulletin
further defining specific work locations and traffic patterns.
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
[[Page 60361]]
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a small designated area of the Delaware River. Although persons
and vessels may not enter the safety zone without authorization from
the COTP or a designated representative of the COTP, they may operate
in the surrounding area during the enforcement period. Moreover, the
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 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
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
an emergency safety zone that will prohibit persons and vessels from
entering a limited area on the navigable water in the Delaware Bay,
during an emergency diving and equipment recovery operation. It is
categorically excluded from further review under paragraph L60(c) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.
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.T05-0913 to read as follows:
Sec. 165.T05-0913 Safety Zone; Delaware River, Dredging Operation
Equipment Recovery, Mantua Creek Anchorage.
(a) Location. The following area is a safety zone: All navigable
waters within 250 yards of vessels and machinery associated with diving
and pipeline removal operating on the Delaware River, at approximately
39[deg]49.3002' N Latitude, 075[deg]22.8966' W Longitude, in the Marcus
Hook Range near Chester, Pennsylvania. All coordinates are based on
Datum NAD 1983.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer on board a Coast Guard vessel
or on board a federal, state, or local law enforcement vessel assisting
the Captain
[[Page 60362]]
of the Port Delaware Bay (COTP) in the enforcement of the safety zone.
(c) Regulations. (1) Entry into or transiting within the 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 channel 88, with the dredge NEW YORK or tug
INDIAN DAWN per this section and the Rules of the Road (33 CFR chapter
I, subchapter E). Vessels requesting to transit shall contact the
dredge NEW YORK or tug INDIAN DAWN on channel 88 at least 1 hour prior
to arrival and at 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, dredge NEW YORK, or tug
INDIAN DAWN. No person or vessel may enter or remain in a safety zone
without permission from the Captain of the Port, dredge NEW YORK, or
tug INDIAN DAWN.
(3) All vessels must operate at the minimum safe speed necessary to
maintain steerage and reduce wake.
(4) This section applies to all vessels that intend to transit
through the safety zone except vessels that are engaged in the
following operations: Enforcement of laws, service of aids to
navigation, and emergency response.
(d) Enforcement. 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 periods. This section will be enforced continuously
from November 19, 2018 through November 30, 2018, or completion of the
equipment removal, whichever is sooner.
Dated: November 19, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard Captain of the Port Delaware Bay.
[FR Doc. 2018-25668 Filed 11-23-18; 8:45 am]
BILLING CODE 9110-04-P