Safety Zone; Delaware Bay and River, PA, 49017-49020 [2019-20101]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 84, No. 181 / Wednesday, September 18, 2019 / Rules and Regulations zone is to minimize potential collision conflicts with marine event participants or race boats and spectator vessels or nearby transiting vessels. This area provides separation between a Race Area and a specified Spectator Area or other vessels that are operating in the vicinity of the regulated area established by the special local regulations. Captain of the Port (COTP) MarylandNational Capital Region means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region or any Coast Guard commissioned, warrant or petty officer who has been authorized by the COTP to act on his behalf. Coast Guard Patrol Commander (PATCOM) means a commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Commander, Coast Guard Sector Maryland-National Capital Region. Official patrol means any vessel assigned or approved by Commander, Coast Guard Sector Maryland-National Capital Region with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. Participant means a person or vessel registered with the event sponsor as participating in the Ocean City Grand Prix or otherwise designated by the event sponsor as having a function tied to the event. Race area is an area described by a line bound by coordinates provided in latitude and longitude that outlines the boundary of a race area within the regulated area defined by this section. Spectator means a person or vessel not registered with the event sponsor as participants or assigned as official patrols. (c) Special local regulations. (1) The COTP Maryland-National Capital Region or PATCOM may forbid and control the movement of all vessels and persons, including event participants, in the regulated area. When hailed or signaled by an official patrol, a vessel or person in the regulated area shall immediately comply with the directions given by the patrol. Failure to do so may result in the Coast Guard expelling the person or vessel from the area, issuing a citation for failure to comply, or both. The COTP Maryland-National Capital Region or PATCOM may terminate the event, or a participant’s operations at any time the COTP Maryland-National Capital Region or PATCOM believes it necessary to do so for the protection of life or property. (2) Except for participants and vessels already at berth, a person or vessel within the regulated area at the start of enforcement of this section must immediately depart the regulated area. VerDate Sep<11>2014 16:16 Sep 17, 2019 Jkt 247001 (3) A spectator must contact the PATCOM to request permission to either enter or pass through the regulated area. The PATCOM, and official patrol vessels enforcing this regulated area, can be contacted on marine band radio VHF–FM channel 16 (156.8 MHz) and channel 22A (157.1 MHz). If permission is granted, the spectator must pass directly through the regulated area as instructed by PATCOM. A vessel within the regulated area must operate at safe speed that minimizes wake. (4) Only participant vessels and official patrol vessels are allowed to enter the race area. (5) A person or vessel that desires to transit, moor, or anchor within the regulated area must obtain authorization from the COTP Maryland-National Capital Region or PATCOM. A person or vessel seeking such permission can contact the COTP Maryland-National Capital Region at telephone number 410–576–2693 or on Marine Band Radio, VHF–FM channel 16 (156.8 MHz) or the PATCOM on Marine Band Radio, VHF–FM channel 16 (156.8 MHz). (6) The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue a marine information broadcast on VHF– FM marine band radio announcing specific event date and times. (d) Enforcement officials. The Coast Guard may be assisted with marine event patrol and enforcement of the regulated area by other Federal, State, and local agencies. (e) Enforcement period. This section will be enforced from 8:30 a.m. to 5:30 p.m. on September 29, 2019. Dated: September 12, 2019. Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2019–20107 Filed 9–17–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0782] RIN 1625–AA00 Safety Zone; Delaware Bay and River, PA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 49017 the navigable waters of the Delaware Bay and River to restrict and protect vessel traffic during the transit of PostPanamax gantry cranes from the Atlantic Ocean to the Port of Philadelphia. This action is intended to protect mariners and vessels from the hazards associated with the transportation of these large cranes. Entry of vessels or persons into this zone will be prohibited unless a vessel meets the stated requirements or is specifically authorized by the Captain of the Port Delaware Bay. This rule compliments a safety zone found in docket number USCG–2019–0784 addressing safety risks while the vessel carrying the cranes is moored at the Port of Philadelphia. DATES: This rule is effective without actual notice from September 18, 2019 through October 15, 2019. For the purposes of enforcement, actual notice will be used from September 14, 2019 through September 18, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0782 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 about this proposed rulemaking, call or email Petty Officer Edmund Ofalt, U.S. Coast Guard Sector Delaware Bay, Waterways Management Branch; 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 § Section U.S.C. United States Code II. Background Information and Regulatory History The M/V ZHEN HUA 26 is transporting post-Panamax gantry cranes to ports within the United States. These large cranes extend beyond the width of M/V ZHEN HUA 26 on both sides of the vessel and create a navigational hazard to vessels operating within a certain proximity. The cranes are fastened in a manner that facilitates passage through the open ocean. Upon arrival to the Delaware River, M/V ZHEN HUA 26 will transit to anchorage and begin an approximately four day process of removing the sea fastenings. The M/V ZHEN HUA 26 will then proceed, conditions permitting, to berth E:\FR\FM\18SER1.SGM 18SER1 49018 Federal Register / Vol. 84, No. 181 / Wednesday, September 18, 2019 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES at the Port of Philadelphia Greenwich Terminal to deliver the cranes. To ensure a safe transit during its inbound transit from its initial anchorage to the Greenwich Terminal, the vessel may stop to anchor along the way in a designated anchorage area, as set forth in 33 CFR 110.157, for a short time if needed due to weather and tidal requirements. 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. There is insufficient time to allow for a reasonable comment period prior to the anticipated arrival of M/V ZHEN HUA 26 to the Delaware Bay Captain of the Port zone. The rule must be in force by September 14, 2019, to ensure the safety of waterway users and the general public from hazards associated with the transport of postPanamax gantry cranes within the Delaware Bay Captain of the Port Zone. 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 transportation of post-Panamax gantry cranes from anchorage in Delaware Bay to its berth at Greenwich Terminal in Philadelphia, PA. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The COTP has determined that there are potential hazards associated with the transportation of post-Panamax gantry cranes. The COTP Delaware Bay has determined that the potential hazards will be a safety concern for anyone within a 200-yard radius of the vessel except when the vessel is moored at Greenwich Terminal in Philadelphia, Pennsylvania. This rule is needed to protect personnel and vessels in the navigable waters within the safety zone while the cranes are being transported. VerDate Sep<11>2014 16:16 Sep 17, 2019 Jkt 247001 IV. Discussion of the Rule The safety zone includes all navigable waters within 200 yards of M/V ZHEN HUA 26 when the vessel first anchors within the Delaware Bay Captain of the Port Zone until it completes its inbound transit to and mooring operations at Greenwich Terminal in Philadelphia. Because the vessel will not be carrying cranes on its outbound transit, this rule will not apply to its outbound transit. The anticipated date of arrival for the M/V ZHEN HUA 26 is September 14, 2019. However, inclement weather and other unforeseen circumstances may necessitate a change in the date of transit upriver. Sector Delaware Bay will notify the maritime community of the date of transit, at a minimum, via marine safety information bulletin and broadcast notice to mariners. To ensure a safe transit during the inbound transit from the initial anchorage to Greenwich Terminal, the vessel may stop to anchor along the way in a designated anchorage area, as set forth in 33 CFR 110.157, for a short time if needed due to weather and tidal requirements. The safety zone will remain in place during the time(s) the vessel is anchored. Vessels will be allowed to transit through the safety zone without seeking advance permission from the COTP Delaware Bay while the M/V ZHEN HUA 26 is anchored in a designated anchorage area if they meet the following requirements: transit through the safety zone at the minimum safe speed to reduce wake and maintain steerage, and, except for towing vessels designated as assist tugs and operating in such capacity, do not overtake, meet, or otherwise pass any other unmoored or unanchored vessel while transiting through the safety zone. Vessels which do not meet all of the requirements listed above are prohibited from entering or transiting the safety zone without prior approval of the COTP Delaware Bay. Additionally, vessels must ask permission to enter or transit the safety zone any time the M/ V ZHEN HUA 26 is underway. Vessels requesting to enter or transit the safety zone may contact the Sector Delaware Bay Command Center via VHF–FM channel 16. The Coast Guard anticipates that most vessels will be able to freely transit around the safety zone and will not need to seek permission to enter the zone while the M/V ZHEN HUA 26 is underway. There will be a pre-designated safety vessel escorting the ZHEN HUA 26 while it is underway to monitor the flow of traffic and inform mariners that the gantry crane transit is in progress. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 The Coast Guard is establishing a second safety zone through a separate rulemaking found in Docket number USCG–2019–0784 to ensure the safety of vessels and persons transiting the area during offloading operations once the vessel is moored at the terminal. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the short duration and traffic management of the safety zone. The safety zone will allow for vessels to transit through the safety zone with permission while the M/V ZHEN HUA 26 is underway or in a designated anchorage without permission if certain requirements are met. The Coast Guard anticipates that most vessels will be able to freely transit around the safety zone and will not need to seek permission to enter the zone while the M/V ZHEN HUA 26 is underway. For these reasons, the impact on waterway traffic is expected to be minimal. 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. E:\FR\FM\18SER1.SGM 18SER1 Federal Register / Vol. 84, No. 181 / Wednesday, September 18, 2019 / Rules and Regulations 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 call or email 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. khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 16:16 Sep 17, 2019 Jkt 247001 Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please call or email 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 Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a moving safety zone lasting only the duration of transit of a vessel carrying post-Panamax gantry cranes. It is categorically excluded from further review under paragraph L60(a) in Table 3–1 of U.S. Coast Guard Environmental Planning Implementing Procedures. A Record of Environmental Consideration 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 call or email 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 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 165 as follows: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 49019 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 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.T05–0782, to read as follows: ■ § 165.T05–0782 Safety Zone, Delaware River, Philadelphia, PA. (a) Location. The following area is a safety zone: All navigable waters within 200 yards of the M/V ZHEN HUA 26 while the vessel is underway or anchored within the Delaware Bay Captain of the Port Zone. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Delaware Bay (COTP) in the enforcement of the safety zone. (c) Regulations. (1) In accordance with the general safety zones regulations in subpart C of this part and except for as described in paragraph (c)(3) of this section, vessels may not enter, remain in, or transit the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter or remain in the zone, unless moored or anchored outside the main navigational channel, contact the COTP or the COTP’s representative via VHF–FM Channel 16. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (3) A vessel may transit the safety zone described in paragraph (a) without permission from the COTP if all of the following criteria are met: (i) The M/V ZHEN HUA 26 is anchored in a designated anchorage as defined in 33 CFR 110.157. (ii) The transiting vessel maintains the minimum safe speed to reduce wake and maintain steerage. (iii) Unless it is a towing vessel designated as an assist tug and operating in such capacity, the transiting vessel may not meet, overtake, or otherwise pass another unmoored or unanchored vessel within the safety zone. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. E:\FR\FM\18SER1.SGM 18SER1 49020 Federal Register / Vol. 84, No. 181 / Wednesday, September 18, 2019 / Rules and Regulations (e) Enforcement period. (1) Enforcement of the safety zone will begin when the M/V ZHEN HUA 26 commences initial anchoring operations within the Delaware Bay Captain of the Port zone until midnight on October 15, 2019 or until mooring operations are completed at Greenwich terminals in Philadelphia, PA. (2) The anticipated date of arrival for the M/V ZHEN HUA 26 to the Delaware Bay Captain of the Port zone is September 14, 2019. Dated: September 11, 2019. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. [FR Doc. 2019–20101 Filed 9–17–19; 8:45 am] BILLING CODE 9110–04–P I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port New York DHS Department of Homeland Security FR Federal Register LNM Local Notice to Mariners NPRM Notice of proposed rulemaking NYSDOT New York State Department of Transportation § Section U.S.C. United States Code DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–1060] RIN 1625–AA00 II. Background Information and Regulatory History Safety Zone; Unionport (Bruckner Expressway) Bridge, Westchester Creek, Bronx, NY Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for the navigable waters within a 500-foot radius of the New York State Department of Transportation (NYSDOT) I–95 bridge structures to the north, and south, of the Unionport (Bruckner Expressway) Bridge, construction vessels, and machinery at mile 1.7 over Westchester Creek. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by installation of two temporary vertical lift bridges during the replacement of the existing Unionport (Bruckner Expressway) Bridge at mile 1.7 over Westchester Creek. When enforced, this regulation prohibits entry of vessels or persons into the safety zone unless authorized by the Captain of the Port New York or a designated representative. DATES: This rule is effective without actual notice from September 18, 2019 through May 31, 2019. For the purposes of enforcement, actual notice will be used from February 25, 2019 through September 18, 2019. ADDRESSES: To view documents mentioned in this preamble as being khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:16 Sep 17, 2019 available in the docket, go to https:// www.regulations.gov, type USCG–2018– 1060 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 Mr. Craig Lapiejko, Waterways Management, First Coast Guard District; telephone (617) 223–8351, email Craig.D.Lapiejko@uscg.mil. You may also call or email Mr. Jeff Yunker, Waterways Management Division, U.S. Coast Guard Sector New York, telephone (718) 354–4195, email Jeffrey.M.Yunker@uscg.mil. SUPPLEMENTARY INFORMATION: Jkt 247001 Shoreside construction for Unionport Bridge replacement project started on July 17, 2017, and is tentatively scheduled for completion on, or about, July 13, 2021. During this project, removal and replacement of the original structure will take place. To accomplish these tasks, a temporary vertical lift bridge will be installed upstream, and downstream, of the original structure to facilitate construction and maintain shoreside vehicle traffic. On November 27, 2018, Lane Construction, the contractor selected for the Unionport Bridge construction project, submitted their regulation request to the Waterways Management Division of U. S. Coast Guard Sector New York. Lane Construction requested a temporary safety zone be established, possibly lasting up to 96 hours, within a 500-foot radius of the New York State Department of Transportation (NYSDOT) I–95 bridge structures to the north, and south, of the Unionport (Bruckner Expressway) Bridge, construction vessels, and machinery, at mile 1.7 over Westchester Creek during the float-in, erection, and installation of two temporary vertical lift spans by barge. We anticipate enforcing the safety zone during the heavy lift operations, occurring between approximately February 25, 2019 and February 28, 2019. The safety zone is expected to be enforced for approximately one 96-hour PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 period when vessels are preparing for and conducting the temporary bridge installation operations. The duration of enforcement for the safety zone is intended to protect personnel, vessels, and the marine environment in these waters while the temporary bridge is being installed. During the enforcement period, all vessels and persons must obtain permission from the Captain of the Port New York or a designated representative before entering the safety zone. The temporary bridge installation operations could take place anytime between February 25, 2019 and May 1, 2019. However, we anticipated the installation operations to begin on February 25, 2019 sta. The Coast Guard is publishing this rule to be effective through May 01, 2019 in case the project is delayed due to unforeseen circumstances. The Coast Guard will issue a LNM and/or a Broadcast Notice to Mariners via marine channel 16 (VHF–FM) with as much advance notice as possible for any period of waterway closure or as soon as practicable in response to unforeseen circumstances. Upon completion of temporary bridge installation bridges, enforcement of the safety zone will be suspended and notice given via Broadcast Notice to Mariners and LNM. 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 good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. The late finalization of project details did not give the Coast Guard enough time to issue a modified bridge permit, publish an NPRM, take public comments, and issue a final rule before the installation of the two temporary vertical lift bridges is set to begin. It would be impracticable and contrary to the public interest to delay promulgating this rule as it is necessary to establish this safety zone before the temporary vertical lift bridge installations begin on, or about, February 25, 2019, to protect the safety of the waterway users, construction crew, and other personnel associated with the bridge replacement project. A E:\FR\FM\18SER1.SGM 18SER1

Agencies

[Federal Register Volume 84, Number 181 (Wednesday, September 18, 2019)]
[Rules and Regulations]
[Pages 49017-49020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20101]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0782]
RIN 1625-AA00


Safety Zone; Delaware Bay and River, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
navigable waters of the Delaware Bay and River to restrict and protect 
vessel traffic during the transit of Post-Panamax gantry cranes from 
the Atlantic Ocean to the Port of Philadelphia. This action is intended 
to protect mariners and vessels from the hazards associated with the 
transportation of these large cranes. Entry of vessels or persons into 
this zone will be prohibited unless a vessel meets the stated 
requirements or is specifically authorized by the Captain of the Port 
Delaware Bay. This rule compliments a safety zone found in docket 
number USCG-2019-0784 addressing safety risks while the vessel carrying 
the cranes is moored at the Port of Philadelphia.

DATES: This rule is effective without actual notice from September 18, 
2019 through October 15, 2019. For the purposes of enforcement, actual 
notice will be used from September 14, 2019 through September 18, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0782 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 about this 
proposed rulemaking, call or email Petty Officer Edmund Ofalt, U.S. 
Coast Guard Sector Delaware Bay, Waterways Management Branch; telephone 
(215) 271-4889, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The M/V ZHEN HUA 26 is transporting post-Panamax gantry cranes to 
ports within the United States. These large cranes extend beyond the 
width of M/V ZHEN HUA 26 on both sides of the vessel and create a 
navigational hazard to vessels operating within a certain proximity. 
The cranes are fastened in a manner that facilitates passage through 
the open ocean. Upon arrival to the Delaware River, M/V ZHEN HUA 26 
will transit to anchorage and begin an approximately four day process 
of removing the sea fastenings. The M/V ZHEN HUA 26 will then proceed, 
conditions permitting, to berth

[[Page 49018]]

at the Port of Philadelphia Greenwich Terminal to deliver the cranes. 
To ensure a safe transit during its inbound transit from its initial 
anchorage to the Greenwich Terminal, the vessel may stop to anchor 
along the way in a designated anchorage area, as set forth in 33 CFR 
110.157, for a short time if needed due to weather and tidal 
requirements.
    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. There is insufficient time to allow for a 
reasonable comment period prior to the anticipated arrival of M/V ZHEN 
HUA 26 to the Delaware Bay Captain of the Port zone. The rule must be 
in force by September 14, 2019, to ensure the safety of waterway users 
and the general public from hazards associated with the transport of 
post-Panamax gantry cranes within the Delaware Bay Captain of the Port 
Zone.
    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 transportation of post-Panamax gantry cranes 
from anchorage in Delaware Bay to its berth at Greenwich Terminal in 
Philadelphia, PA.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP has determined that there 
are potential hazards associated with the transportation of post-
Panamax gantry cranes. The COTP Delaware Bay has determined that the 
potential hazards will be a safety concern for anyone within a 200-yard 
radius of the vessel except when the vessel is moored at Greenwich 
Terminal in Philadelphia, Pennsylvania. This rule is needed to protect 
personnel and vessels in the navigable waters within the safety zone 
while the cranes are being transported.

IV. Discussion of the Rule

    The safety zone includes all navigable waters within 200 yards of 
M/V ZHEN HUA 26 when the vessel first anchors within the Delaware Bay 
Captain of the Port Zone until it completes its inbound transit to and 
mooring operations at Greenwich Terminal in Philadelphia. Because the 
vessel will not be carrying cranes on its outbound transit, this rule 
will not apply to its outbound transit. The anticipated date of arrival 
for the M/V ZHEN HUA 26 is September 14, 2019. However, inclement 
weather and other unforeseen circumstances may necessitate a change in 
the date of transit upriver. Sector Delaware Bay will notify the 
maritime community of the date of transit, at a minimum, via marine 
safety information bulletin and broadcast notice to mariners.
    To ensure a safe transit during the inbound transit from the 
initial anchorage to Greenwich Terminal, the vessel may stop to anchor 
along the way in a designated anchorage area, as set forth in 33 CFR 
110.157, for a short time if needed due to weather and tidal 
requirements. The safety zone will remain in place during the time(s) 
the vessel is anchored. Vessels will be allowed to transit through the 
safety zone without seeking advance permission from the COTP Delaware 
Bay while the M/V ZHEN HUA 26 is anchored in a designated anchorage 
area if they meet the following requirements: transit through the 
safety zone at the minimum safe speed to reduce wake and maintain 
steerage, and, except for towing vessels designated as assist tugs and 
operating in such capacity, do not overtake, meet, or otherwise pass 
any other unmoored or unanchored vessel while transiting through the 
safety zone. Vessels which do not meet all of the requirements listed 
above are prohibited from entering or transiting the safety zone 
without prior approval of the COTP Delaware Bay. Additionally, vessels 
must ask permission to enter or transit the safety zone any time the M/
V ZHEN HUA 26 is underway. Vessels requesting to enter or transit the 
safety zone may contact the Sector Delaware Bay Command Center via VHF-
FM channel 16. The Coast Guard anticipates that most vessels will be 
able to freely transit around the safety zone and will not need to seek 
permission to enter the zone while the M/V ZHEN HUA 26 is underway.
    There will be a pre-designated safety vessel escorting the ZHEN HUA 
26 while it is underway to monitor the flow of traffic and inform 
mariners that the gantry crane transit is in progress.
    The Coast Guard is establishing a second safety zone through a 
separate rulemaking found in Docket number USCG-2019-0784 to ensure the 
safety of vessels and persons transiting the area during offloading 
operations once the vessel is moored at the terminal.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the short duration 
and traffic management of the safety zone. The safety zone will allow 
for vessels to transit through the safety zone with permission while 
the M/V ZHEN HUA 26 is underway or in a designated anchorage without 
permission if certain requirements are met. The Coast Guard anticipates 
that most vessels will be able to freely transit around the safety zone 
and will not need to seek permission to enter the zone while the M/V 
ZHEN HUA 26 is underway. For these reasons, the impact on waterway 
traffic is expected to be minimal.

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.

[[Page 49019]]

    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 
call or email 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 call or email 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 Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 
determined that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves a moving safety zone lasting only the 
duration of transit of a vessel carrying post-Panamax gantry cranes. It 
is categorically excluded from further review under paragraph L60(a) in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures. A Record of Environmental Consideration 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 call or email 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 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 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:  46 U.S.C. 70034, 70051; 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.T05-0782, to read as follows:


Sec.  165.T05-0782  Safety Zone, Delaware River, Philadelphia, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters within 200 yards of the M/V ZHEN HUA 26 while the vessel is 
underway or anchored within the Delaware Bay Captain of the Port Zone.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Delaware Bay (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) In accordance with the general safety zones 
regulations in subpart C of this part and except for as described in 
paragraph (c)(3) of this section, vessels may not enter, remain in, or 
transit the safety zone described in paragraph (a) of this section 
unless authorized by the COTP or the COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, unless 
moored or anchored outside the main navigational channel, contact the 
COTP or the COTP's representative via VHF-FM Channel 16. Those in the 
safety zone must comply with all lawful orders or directions given to 
them by the COTP or the COTP's designated representative.
    (3) A vessel may transit the safety zone described in paragraph (a) 
without permission from the COTP if all of the following criteria are 
met:
    (i) The M/V ZHEN HUA 26 is anchored in a designated anchorage as 
defined in 33 CFR 110.157.
    (ii) The transiting vessel maintains the minimum safe speed to 
reduce wake and maintain steerage.
    (iii) Unless it is a towing vessel designated as an assist tug and 
operating in such capacity, the transiting vessel may not meet, 
overtake, or otherwise pass another unmoored or unanchored vessel 
within the safety zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.

[[Page 49020]]

    (e) Enforcement period. (1) Enforcement of the safety zone will 
begin when the M/V ZHEN HUA 26 commences initial anchoring operations 
within the Delaware Bay Captain of the Port zone until midnight on 
October 15, 2019 or until mooring operations are completed at Greenwich 
terminals in Philadelphia, PA.
    (2) The anticipated date of arrival for the M/V ZHEN HUA 26 to the 
Delaware Bay Captain of the Port zone is September 14, 2019.

    Dated: September 11, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-20101 Filed 9-17-19; 8:45 am]
 BILLING CODE 9110-04-P