Safety Zones, Delaware River; Maintenance Dredging, 533-536 [2019-00075]

Download as PDF Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Comments and related material must be received by the Coast Guard on or before March 4, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2018– 1063 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. You may submit comments identified by docket number USCG– 2018–1063 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, telephone (215) 271–4889, email Edmund.j.ofalt@uscg.mil. SUPPLEMENTARY INFORMATION: Coast Guard I. Table of Abbreviations spans or any other portion of the bridge, is strictly prohibited. Report any contact with the bridge or associated structures immediately to VTS Port Arthur on channels 65A, 13 or 16 VHF–FM or by telephone at (409) 719–5070. (d) Informational broadcasts. The Coast Guard will inform the public through public of the effective period of this safety zone through VTS Advisories, Broadcast Notices to Mariners (BNMs), Local Notice to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate. Dated: December 26, 2018. K.J. Pierre, Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety Unit Port Arthur. [FR Doc. 2019–00423 Filed 1–30–19; 8:45 am] BILLING CODE 9110–04–P 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 33 CFR Part 165 [Docket Number USCG–2018–1063] RIN 1625–AA00 Safety Zones, Delaware River; Maintenance Dredging Coast Guard, DHS. Temporary interim rule and request for comments. AGENCY: ACTION: The Coast Guard is establishing temporary safety zones in portions of New Castle Range, Marcus Hook Range, Deepwater Point Range, and Anchorage 7 off Marcus Hook Range on the Delaware River. The safety zones will temporarily restrict vessel traffic from transiting or anchoring in a portion of the Delaware River while dredging operations are being conducted to facilitate the Delaware River annual maintenance project for the main navigational channel of the Delaware River. This regulation is necessary to provide for the safety of life on navigable waters of the Delaware River, in the vicinity of dredging activity and is intended to protect mariners from the hazards associated with pipe-laying and dredging operations. khammond on DSKBBV9HB2PROD with RULES SUMMARY: This rule is effective without actual notice from January 31, 2019, through May 31, 2019. For the purposes of enforcement, actual notice will be used from January 15, 2019, through January 31, 2019. DATES: VerDate Sep<11>2014 16:41 Jan 30, 2019 Jkt 247001 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 doing so would be impractical and contrary to the public interest. Final details for the dredging operation were not received by the Coast Guard until January 9, 2019. Vessels transiting through New Castle Range, Marcus Hook Range, Deepwater Point Range, or entering the waters of Anchorage 7 off Marcus Hook Range during dredging operations may be at risk. We are taking immediate action to help protect the safety of the project personnel, vessels, and the marine environment on the navigable waters within the safety zones while dredging is being conducted. It is important to PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 533 have these regulations in effect during dredging operations and it is impracticable to delay the regulations. We are issuing this rule and, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register because doing so would be contrary to the public interest. Allowing this dredging operation to go forward without safety zones in place would expose mariners and the public to unnecessary dangers. 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 (COTP), Delaware Bay, has determined that potential hazards associated with dredging operations beginning on or after January 15, 2019, will be a safety concern for vessels attempting to transit the Delaware River, along New Castle Range, Marcus Hook Range, Deepwater Point Range, and Anchorage 7 off Marcus Hook Range. This rule is needed to protect personnel, vessels, and the marine environment on the navigable waters within the safety zones while dredging operations are being conducted. IV. Discussion of the Rule This rule establishes safety zones on portions of the Delaware River from January 15, 2019 until May 31, 2019, unless cancelled earlier by the COTP. The safety zones are necessary to facilitate the main channel annual maintenance of New Castle Range, Marcus Hook Range, Deepwater Point Range, and Anchorage 7 off Marcus Hook Range (as described in 33 CFR 110.157(a)(8)). Maintenance dredging in the channel will most likely be conducted with the dredge ESSEX, though other dredges may be used, along with associated dredge pipeline and boosters. The pipeline consists of a combination of floating hoses immediately behind the dredge and submerged pipeline leading to upland disposal areas. Due to the hazards related to dredging operations, the associated pipeline, and the location of the submerged pipeline, safety zones are being established in the following areas: (1) Safety zone one includes all navigable waters within 250 yards of the dredge displaying lights and shapes for vessels restricted in ability to maneuver as described in 33 CFR 83.27 and all related dredge equipment when the dredge is operating in New Castle Range, Marcus Hook Range, Deepwater Point Range, and Anchorage 7. This safety zone is being established for the E:\FR\FM\31JAR1.SGM 31JAR1 534 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES duration of the maintenance project. Vessels requesting to transit the safety zone must contact the dredge on VHF channel 13 or 16 at least 1 hour prior to arrival to arrange safe passage. At least one side of the main navigational channel will be kept clear for safe passage of vessels in the vicinity of the safety zone. At no time will the entire main navigational channel be closed to vessel traffic. Vessels should avoid meetings in these areas where one side of the main navigational channel is open and proceed per this rule and the Rules of the Road (33 CFR subchapter E). (2) Safety zone two includes all the waters of Anchorage 7 off Marcus Hook Range, as described in 33 CFR 110.157(a)(8). Vessels wishing to anchor in Anchorage 7 off Marcus Hook Range must obtain permission from the COTP at least 24 hours in advance by calling (215) 271–4807. The COTP will permit only one vessel to anchor at a time on a ‘‘first-come, first-served’’ basis. Vessels will only be allowed to anchor for a 12 hour period. Vessels that require an examination by the Public Health Service, Customs, or Immigration authorities will be directed to an anchorage by the COTP for the required inspection. Vessels are encouraged to use Anchorage 9 near the entrance to Mantua Creek, Anchorage 10 at Naval Base, Philadelphia, and Anchorage 6 off Deepwater Point Range as alternative anchorages. Entry into, transiting, or anchoring within safety zone one is prohibited unless vessels obtain permission from the COTP or make satisfactory passing arrangements with the operating dredge per this rule and the Rules of the Road (33 CFR subchapter E). Though the dredge ESSEX is the primary dredge to be used in these operations, the COTP may update the information and the dredge being utilized with these dredging operations via Marine Safety Information Bulletin and Broadcast Notice to Mariners. The COTP will activate and terminate the safety zones individually once all submerged pipeline has been recovered and dredging operations are completed in each respective range. Notice of the activation and the termination of the safety zones will be made in accordance with 33 CFR 165.7. 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. VerDate Sep<11>2014 16:41 Jan 30, 2019 Jkt 247001 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, it has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, and duration of the safety zones. Although this regulation will restrict access to regulated areas, the effect of this rule will not be significant because there are a number of alternate anchorages available for vessels to anchor. Furthermore, vessels may transit through the safety zone with the permission of the COTP or make satisfactory passing arrangements with the dredge ESSEX or other dredges that may be used in accordance with this rule and the Rules of the Road (33 CFR subchapter E). Notification of the safety zones to the maritime public will be made via maritime advisories allowing mariners to alter their plans accordingly. 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 zones 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, PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 E:\FR\FM\31JAR1.SGM 31JAR1 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Rules and Regulations that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that it 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 close only one side of the main navigational channel and vessels can request permission to enter the channel. 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 (REC) 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. khammond on DSKBBV9HB2PROD with RULES VI. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape this rulemaking. 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 http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. VerDate Sep<11>2014 16:41 Jan 30, 2019 Jkt 247001 We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http:// www.regulations.gov/privacyNotice. Documents mentioned in this TIR as being available in the docket, and all public comments, will be in our online docket at http://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 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.T05–1063 to read as follows: ■ § 165.T05–1063 Safety Zones, Delaware River; Maintenance Dredging. (a) Location. The following areas are safety zones: (1) Safety zone one includes all waters within 250 yards of the dredge displaying lights and shapes for vessels restricted in ability to maneuver as described in 33 CFR 83.27, as well as all related dredge equipment, while the dredge is operating in New Castle Range, Marcus Hook Range, and Deepwater Point Range. For enforcement purposes, New Castle Range, Marcus Hook Range, and Deepwater Point Range include all navigable waters of the Delaware River shoreline to shoreline, bound by a line drawn perpendicular to the center line of the channel at the farthest upriver point of the range to a line drawn perpendicular to the center line of the channel at the farthest downriver point of the range. (2) Safety zone two includes all the waters of Anchorage 7 off Marcus Hook Range, as described in 33 CFR 110.157(a)(8), which is depicted on U.S. Nautical Chart 12312. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 535 (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 of the Port, Delaware Bay in the enforcement of the safety zone. (c) Regulations. (1) Entry into or transiting within safety zone one in paragraph (a)(1) of this section is prohibited unless vessels obtain permission from the Captain of the Port via VHF–FM channel 16 or 215–271– 4807, or make satisfactory passing arrangements via VHF–FM channel 13 or 16 with the operating dredge per this section and the rules of the road (33 CFR subchapter E). Vessels requesting to transit shall contact the operating dredge via VHF–FM channel 13 or 16 at least 1 hour prior to arrival. (2) Vessels granted permission to enter and transit safety zone one in paragraph (a)(1) of this section must do so in accordance with any directions or orders of the Captain of the Port, his designated representative, or the dredge. No person or vessel may enter or remain in a safety zone without permission from the Captain of the Port or the dredge. (3) All vessels transiting safety zone one in paragraph (a)(1) of this section must operate at the minimum safe speed necessary to maintain steerage and reduce wake. (4) Vessels desiring to anchor in safety zone two in paragraph (a)(2) of this section, Anchorage 7 off Marcus Hook Range, must obtain permission from the COTP at least 24 hours in advance by calling (215) 271–4807. The COTP will permit one vessel at a time to anchor on a ‘‘first-come, first-served’’ basis. Vessels will only be allowed to anchor for a 12 hour period. Vessels that require an examination by the Public Health Service, Customs, or Immigration authorities will be directed to an anchorage for the required inspection by the COTP. (5) This section applies to all vessels except those 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 zones by Federal, State, and local agencies. (e) Enforcement period. These zones will be enforced 24 hours a day while operations are being conducted from January 15, 2019 through May 31, 2019 unless cancelled earlier by the COTP. E:\FR\FM\31JAR1.SGM 31JAR1 536 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Rules and Regulations Dated: January 14, 2019. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. [FR Doc. 2019–00075 Filed 1–30–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Parts 36 and 42 RIN 2900–AQ55 Federal Civil Penalties Inflation Adjustment Act Amendments Department of Veterans Affairs. Final rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) is providing public notice of inflationary adjustments to the maximum civil monetary penalties assessed or enforced by VA, as implemented by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, for calendar year 2019. VA may impose civil monetary penalties for false loan guaranty certifications. Also, VA may impose civil monetary penalties for fraudulent claims or written statements made in connection with VA programs generally. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, sets forth a formula that increases the maximum statutory amounts for civil monetary penalties and directs VA to give public notice of the new maximum amounts by regulation. Accordingly, VA is providing notice of the calendar year 2019 inflationary adjustments that increase maximum civil monetary penalties from $22,363 to $22,927 for false loan guaranty certifications and from $11,181 to $11,463 for fraudulent claims or written statements made in connection with VA programs generally. DATES: Effective Date: This rule is effective January 31, 2019. FOR FURTHER INFORMATION CONTACT: Michael Shores, Director, Office of Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202) 461–4921. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) (Pub. L. 114–74, sec. 701, 129 Stat. 599), which amended the Federal Civil Penalties Inflation khammond on DSKBBV9HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:41 Jan 30, 2019 Jkt 247001 Adjustment Act of 1990 (Pub. L. 101– 410, 104 Stat. 890), to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act was codified in a note following 28 U.S.C. 2461. The 2015 Act requires agencies to publish annual adjustments for inflation, based on the percent change between the Consumer Price Index for All Urban Consumers (CPI–U) for the month of October preceding the date of the adjustment and the prior year’s October CPI–U. 28 U.S.C. 2461 note, secs. 4(a) and (b) and 5(b)(1). This rule implements the 2019 calendar year inflation adjustment amounts. Under 38 U.S.C. 3710(g)(4)(B), VA is authorized to levy civil monetary penalties against private lenders that originate VA-guaranteed loans if a lender falsely certifies that they have complied with certain credit information and loan processing standards, as set forth by chapter 37, title 38 U.S.C. and part 36, title 38 CFR. Under section 3710(g)(4)(B), any lender who knowingly and willfully makes such a false certification shall be liable to the United States Government for a civil penalty equal to two times the amount of the Secretary’s loss on the loan involved or to another appropriate amount, not to exceed $10,000, whichever is greater. VA implemented the penalty amount in 38 CFR 36.4340(k)(1)(i) and (k)(3). On December 14, 2018, OMB issued Circular M–19– 04. This circular reflects that the October 2017 CPI–U was 246.663 and the October 2018 CPI–U was 252.885, resulting in an inflation adjustment multiplier of 1.02522. Accordingly, the calendar year 2019 inflation revision imposes an adjustment from $22,363 to $22,927. Under 31 U.S.C. 3802, VA can impose monetary penalties against any person who makes, presents, or submits a claim or written statement to VA that the person knows or has reason to know is false, fictitious, or fraudulent, or who engages in other covered conduct. The statute permits, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each claim. 31 U.S.C. 3802(a)(1) and (2). VA implemented the penalty amount in 38 CFR 42.3(a)(1) and (b)(1). As previously noted, Circular M–19–04 reflects an inflation adjustment multiplier of 1.02522. Therefore, the calendar year 2019 inflation revision imposes an adjustment from $11,181 to $11,463. Accordingly, VA is revising 38 CFR 36.4340(k)(1)(i) and (3) and 38 CFR 42.3(a)(1)(iv) and (b)(1)(ii) to reflect the 2019 inflationary adjustments for civil PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 monetary penalties assessed or enforced by VA. Administrative Procedure Act The Secretary of Veterans Affairs finds that there is good cause under 5 U.S.C. 553(b)(B) and (d)(3) to dispense with the opportunity for prior notice and public comment and to publish this rule with an immediate effective date. The 2015 Act requires agencies to make annual adjustments for inflation to the allowed amounts of civil monetary penalties ‘‘notwithstanding section 553 of title 5, United States Code.’’ 28 U.S.C. 2461 note, sec. 4(a) and (b). The penalty adjustments, and the methodology used to determine the adjustments, are set by the terms of the 2015 Act. VA has no discretion to make changes in those areas. Therefore, an opportunity for prior notice and public comment and a delayed effective date is unnecessary. Executive Orders 12866, 13563, and 13771 Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a ‘‘significant regulatory action’’ requiring review by OMB, unless OMB waives such review, as any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. The economic, interagency, budgetary, legal, and policy implications of this regulatory action E:\FR\FM\31JAR1.SGM 31JAR1

Agencies

[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Rules and Regulations]
[Pages 533-536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00075]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1063]
RIN 1625-AA00


Safety Zones, Delaware River; Maintenance Dredging

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is establishing temporary safety zones in 
portions of New Castle Range, Marcus Hook Range, Deepwater Point Range, 
and Anchorage 7 off Marcus Hook Range on the Delaware River. The safety 
zones will temporarily restrict vessel traffic from transiting or 
anchoring in a portion of the Delaware River while dredging operations 
are being conducted to facilitate the Delaware River annual maintenance 
project for the main navigational channel of the Delaware River. This 
regulation is necessary to provide for the safety of life on navigable 
waters of the Delaware River, in the vicinity of dredging activity and 
is intended to protect mariners from the hazards associated with pipe-
laying and dredging operations.

DATES: This rule is effective without actual notice from January 31, 
2019, through May 31, 2019. For the purposes of enforcement, actual 
notice will be used from January 15, 2019, through January 31, 2019.
    Comments and related material must be received by the Coast Guard 
on or before March 4, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1063 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule. You may submit 
comments identified by docket number USCG-2018-1063 using the Federal 
eRulemaking Portal at http://www.regulations.gov. See the ``Public 
Participation and Request for Comments'' portion for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Edmund Ofalt, U.S. Coast Guard, Sector 
Delaware Bay, Waterways Management Division, telephone (215) 271-4889, 
email Edmund.j.ofalt@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The 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 doing so would be impractical and 
contrary to the public interest. Final details for the dredging 
operation were not received by the Coast Guard until January 9, 2019. 
Vessels transiting through New Castle Range, Marcus Hook Range, 
Deepwater Point Range, or entering the waters of Anchorage 7 off Marcus 
Hook Range during dredging operations may be at risk. We are taking 
immediate action to help protect the safety of the project personnel, 
vessels, and the marine environment on the navigable waters within the 
safety zones while dredging is being conducted. It is important to have 
these regulations in effect during dredging operations and it is 
impracticable to delay the regulations.
    We are issuing this rule and, under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register because doing so would 
be contrary to the public interest. Allowing this dredging operation to 
go forward without safety zones in place would expose mariners and the 
public to unnecessary dangers.

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 (COTP), Delaware Bay, has determined that 
potential hazards associated with dredging operations beginning on or 
after January 15, 2019, will be a safety concern for vessels attempting 
to transit the Delaware River, along New Castle Range, Marcus Hook 
Range, Deepwater Point Range, and Anchorage 7 off Marcus Hook Range. 
This rule is needed to protect personnel, vessels, and the marine 
environment on the navigable waters within the safety zones while 
dredging operations are being conducted.

IV. Discussion of the Rule

    This rule establishes safety zones on portions of the Delaware 
River from January 15, 2019 until May 31, 2019, unless cancelled 
earlier by the COTP. The safety zones are necessary to facilitate the 
main channel annual maintenance of New Castle Range, Marcus Hook Range, 
Deepwater Point Range, and Anchorage 7 off Marcus Hook Range (as 
described in 33 CFR 110.157(a)(8)). Maintenance dredging in the channel 
will most likely be conducted with the dredge ESSEX, though other 
dredges may be used, along with associated dredge pipeline and 
boosters. The pipeline consists of a combination of floating hoses 
immediately behind the dredge and submerged pipeline leading to upland 
disposal areas. Due to the hazards related to dredging operations, the 
associated pipeline, and the location of the submerged pipeline, safety 
zones are being established in the following areas:
    (1) Safety zone one includes all navigable waters within 250 yards 
of the dredge displaying lights and shapes for vessels restricted in 
ability to maneuver as described in 33 CFR 83.27 and all related dredge 
equipment when the dredge is operating in New Castle Range, Marcus Hook 
Range, Deepwater Point Range, and Anchorage 7. This safety zone is 
being established for the

[[Page 534]]

duration of the maintenance project. Vessels requesting to transit the 
safety zone must contact the dredge on VHF channel 13 or 16 at least 1 
hour prior to arrival to arrange safe passage. At least one side of the 
main navigational channel will be kept clear for safe passage of 
vessels in the vicinity of the safety zone. At no time will the entire 
main navigational channel be closed to vessel traffic. Vessels should 
avoid meetings in these areas where one side of the main navigational 
channel is open and proceed per this rule and the Rules of the Road (33 
CFR subchapter E).
    (2) Safety zone two includes all the waters of Anchorage 7 off 
Marcus Hook Range, as described in 33 CFR 110.157(a)(8). Vessels 
wishing to anchor in Anchorage 7 off Marcus Hook Range must obtain 
permission from the COTP at least 24 hours in advance by calling (215) 
271-4807. The COTP will permit only one vessel to anchor at a time on a 
``first-come, first-served'' basis. Vessels will only be allowed to 
anchor for a 12 hour period. Vessels that require an examination by the 
Public Health Service, Customs, or Immigration authorities will be 
directed to an anchorage by the COTP for the required inspection. 
Vessels are encouraged to use Anchorage 9 near the entrance to Mantua 
Creek, Anchorage 10 at Naval Base, Philadelphia, and Anchorage 6 off 
Deepwater Point Range as alternative anchorages.
    Entry into, transiting, or anchoring within safety zone one is 
prohibited unless vessels obtain permission from the COTP or make 
satisfactory passing arrangements with the operating dredge per this 
rule and the Rules of the Road (33 CFR subchapter E). Though the dredge 
ESSEX is the primary dredge to be used in these operations, the COTP 
may update the information and the dredge being utilized with these 
dredging operations via Marine Safety Information Bulletin and 
Broadcast Notice to Mariners.
    The COTP will activate and terminate the safety zones individually 
once all submerged pipeline has been recovered and dredging operations 
are completed in each respective range. Notice of the activation and 
the termination of the safety zones will be made in accordance with 33 
CFR 165.7.

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, it has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zones. Although this regulation 
will restrict access to regulated areas, the effect of this rule will 
not be significant because there are a number of alternate anchorages 
available for vessels to anchor. Furthermore, vessels may transit 
through the safety zone with the permission of the COTP or make 
satisfactory passing arrangements with the dredge ESSEX or other 
dredges that may be used in accordance with this rule and the Rules of 
the Road (33 CFR subchapter E). Notification of the safety zones to the 
maritime public will be made via maritime advisories allowing mariners 
to alter their plans accordingly.

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 zones 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

[[Page 535]]

that may result in the expenditure by a State, local, or tribal 
government, in the aggregate, or by the private sector of $100,000,000 
(adjusted for inflation) or more in any one year. Though this rule will 
not result in such an expenditure, we do discuss the effects of this 
rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that it 
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 close only one side of the main 
navigational channel and vessels can request permission to enter the 
channel. 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 (REC) 
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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape this rulemaking. 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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this TIR as being available in the docket, 
and all public comments, will be in our online docket at http://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.T05-1063 to read as follows:


Sec.  165.T05-1063   Safety Zones, Delaware River; Maintenance 
Dredging.

    (a) Location. The following areas are safety zones:
    (1) Safety zone one includes all waters within 250 yards of the 
dredge displaying lights and shapes for vessels restricted in ability 
to maneuver as described in 33 CFR 83.27, as well as all related dredge 
equipment, while the dredge is operating in New Castle Range, Marcus 
Hook Range, and Deepwater Point Range. For enforcement purposes, New 
Castle Range, Marcus Hook Range, and Deepwater Point Range include all 
navigable waters of the Delaware River shoreline to shoreline, bound by 
a line drawn perpendicular to the center line of the channel at the 
farthest upriver point of the range to a line drawn perpendicular to 
the center line of the channel at the farthest downriver point of the 
range.
    (2) Safety zone two includes all the waters of Anchorage 7 off 
Marcus Hook Range, as described in 33 CFR 110.157(a)(8), which is 
depicted on U.S. Nautical Chart 12312.
    (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 of the Port, Delaware Bay in the enforcement of the safety 
zone.
    (c) Regulations. (1) Entry into or transiting within safety zone 
one in paragraph (a)(1) of this section is prohibited unless vessels 
obtain permission from the Captain of the Port via VHF-FM channel 16 or 
215-271-4807, or make satisfactory passing arrangements via VHF-FM 
channel 13 or 16 with the operating dredge per this section and the 
rules of the road (33 CFR subchapter E). Vessels requesting to transit 
shall contact the operating dredge via VHF-FM channel 13 or 16 at least 
1 hour prior to arrival.
    (2) Vessels granted permission to enter and transit safety zone one 
in paragraph (a)(1) of this section must do so in accordance with any 
directions or orders of the Captain of the Port, his designated 
representative, or the dredge. No person or vessel may enter or remain 
in a safety zone without permission from the Captain of the Port or the 
dredge.
    (3) All vessels transiting safety zone one in paragraph (a)(1) of 
this section must operate at the minimum safe speed necessary to 
maintain steerage and reduce wake.
    (4) Vessels desiring to anchor in safety zone two in paragraph 
(a)(2) of this section, Anchorage 7 off Marcus Hook Range, must obtain 
permission from the COTP at least 24 hours in advance by calling (215) 
271-4807. The COTP will permit one vessel at a time to anchor on a 
``first-come, first-served'' basis. Vessels will only be allowed to 
anchor for a 12 hour period. Vessels that require an examination by the 
Public Health Service, Customs, or Immigration authorities will be 
directed to an anchorage for the required inspection by the COTP.
    (5) This section applies to all vessels except those 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 zones by Federal, State, and local 
agencies.
    (e) Enforcement period. These zones will be enforced 24 hours a day 
while operations are being conducted from January 15, 2019 through May 
31, 2019 unless cancelled earlier by the COTP.


[[Page 536]]


    Dated: January 14, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-00075 Filed 1-30-19; 8:45 am]
 BILLING CODE 9110-04-P