Safety Zone; Christina River, Delaware River, Wilmington, DE, 76417-76419 [2024-21157]

Download as PDF Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations regulations in 33 CFR 100.703 for the Clearwater Offshore Nationals race regulated area identified in table 1 to § 100.703, item no. 6, from 8 a.m. until 4 p.m., on September 28–29, 2024. This action is being taken to provide for the safety of life on navigable waterways during this event. Our regulation for recurring marine events, Sector St. Petersburg, § 100.703, table 1 to § 100.703, item no. 6, specifies the location of the regulated area for the Clearwater Offshore Nationals race, which encompasses portions of the Gulf of Mexico near Clearwater, FL. During the enforcement periods, as reflected in § 100.703(c), if you are the operator of a vessel in the regulated area you must comply with directions from the Patrol Commander or any designated representative. In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners, marine information broadcasts, or both. Dated: September 12, 2024. Michael P. Kahle, Captain, U.S. Coast Guard, Captain of the Port St. Petersburg. BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0867] RIN 1625–AA00 Safety Zone; Christina River, Delaware River, Wilmington, DE Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for navigable waters within a 1,000-yard radius of the oil transfer dock at Buckeye Terminal Wilmington, in Wilmington, DE. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fuel oil discharge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Delaware Bay or a designated representative. DATES: This rule is effective without actual notice from September 18, 2024 through 11:59 p.m. September 19, 2024. For the purposes of enforcement, actual khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:08 Sep 17, 2024 Jkt 262001 To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2024– 0867 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ ADDRESSES: If you have questions about this rule, call or email Petty Officer Dylan Caikowski, Waterways Management Division, U.S. Coast Guard Sector Delaware Bay; telephone (215) 271–4814, email SecDelBayWWM@uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port, Sector Delaware Bay 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 [FR Doc. 2024–21230 Filed 9–17–24; 8:45 am] ACTION: notice will be used from 11 a.m. September 12, 2024, until September 18, 2024. A fuel oil discharge occurred at the oil transfer dock at Buckeye Terminal, in Wilmington, Delaware, on September 12, 2024, and prompt action is needed to respond to the potential safety hazards associated a fuel oil discharge into a navigable waterway. The Coast Guard is issuing this temporary rule under the authority in 5 U.S.C. 553(b)(B). This statutory 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.’’ The Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it would be contrary to the public interest to delay publication of a final rule to deal with this emergency situation. Also, 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 prompt action is needed to respond to the potential safety hazards associated a fuel oil discharge into a navigable waterway. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 76417 III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector Delaware Bay (COTP) has determined that potential hazards associated with a fuel oil discharge into a navigable waterway will be a safety concern for anyone within a 1,000-yard radius of the oil transfer dock at Buckey Terminal Wilmington, in Wilmington, DE. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while responding to a discharge of fuel oil. IV. Discussion of the Rule This rule establishes a temporary safety zone from September 12, 2024, through September 19, 2024. The safety zone will cover all navigable waters of the Christina River and the Delaware River within 1,000 yards of the oil transfer dock at Buckeye Terminal Wilmington, in Wilmington, DE, in position latitude 39°42.96′ N, longitude 75°30.84′ W. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while responding to a discharge of fuel oil. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. 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. This rule has not been designated a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on size, duration, and location of the temporary safety zone. The safety zone is effective for 7 days but will only be enforced while personnel are responding to the fuel oil discharge. Vessel traffic may be able to transit through the safety zone if authorized by E:\FR\FM\18SER1.SGM 18SER1 76418 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations the COTP or a designated representative. Moreover, the Coast Guard will release the details of the zone via a Broadcast Notice to Mariners on VHF–FM radio channel 16. B. Impact on Small Entities The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, do not apply this rule. They do not apply because this rule fits a 5 U.S.C. 553(b)(B) good-cause exception for notice-and-comment rulemaking. Therefore, we were not required to publish a notice of proposed rulemaking. 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). khammond on DSKJM1Z7X2PROD with RULES D. Federalism and Indian Tribal Governments 16:08 Sep 17, 2024 Jkt 262001 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, Rev. 1, associated implementing instructions, 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 temporary safety zone lasting only 7 days that will prohibit entry within 1,000 yards of Buckeye Terminal Wilmington, in Wilmington, DE, to respond to the potential safety hazards associated a fuel oil discharge into a navigable waterway. It is categorically excluded from further review under paragraph L60(c) of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 1. G. Protest Activities 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. VerDate Sep<11>2014 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. 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 in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. 2. Add § 165.T05–0867, to read as follows. ■ § 165.T05–0867 Safety Zone; Christina River, Delaware River, Wilmington, DE (a) Location. All navigable waters of the Christina River and the Delaware River, within 1,000 yards of the oil transfer dock at Buckeye Terminal Wilmington, in Wilmington DE, in position latitude 39°200E;42.96’N, longitude 75°200E;30.84’W. (WGS 84) (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 (COTP), Sector Delaware Bay in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter or remain in 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, contact the COTP or the COTP’s representative via VHF–FM channel 16 or (215) 271–4807. 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) This section applies to all vessels except those engaged in law enforcement, aids to navigation servicing, and emergency response operations. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement Period. This rule will be in effect from 11 a.m. on September 12, 2024, to 11:59 p.m. on September 19, 2024. E:\FR\FM\18SER1.SGM 18SER1 Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations NPRM Notice of proposed rulemaking § Section U.S.C. United States Code Dated: September 12, 2024. Kate F. Higgins-Bloom, Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay. [FR Doc. 2024–21157 Filed 9–17–24; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0775] RIN 1625–AA00 Safety Zone: Chelsea Day Fireworks, Boston Inner Harbor, Mystic River, Chelsea MA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the navigable waters of Boston Inner Harbor within a 300-yard radius of the fireworks barge in the vicinity of Admiral’s Hill, Mystic River, Chelsea, Massachusetts. This action is needed to protect the maritime public and event participants from potential hazards created by a fireworks event taking place in a heavily trafficked harbor scheduled for September 21, 2024, with a rain date of September 22, 2024. Entry of vessels or persons into this zone is prohibited unless authorized by the Captain of the Port Sector Boston, or a designated representative. DATES: This rule is effective from 7:30 p.m. through 10 p.m. on September 21, 2024, with a rain date effective from 7:30 p.m. through 10 p.m. on September 22, 2024. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov type USCG–2024– 0775 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ SUMMARY: If you have questions on this rule, call or email Mr. Timothy W. Chase, Sector Boston, Waterways Management, phone (617) 447–1620, email Timothy.W.Chase@uscg.mil. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with RULES FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Boston DHS Department of Homeland Security FR Federal Register MA Massachusetts VerDate Sep<11>2014 16:08 Sep 17, 2024 Jkt 262001 II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule under authority in 5 U.S.C. 553(b)(B). This statutory 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.’’ 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 impracticable. The Coast Guard was not made aware of the fireworks event with sufficient time to publish an NPRM, take public comments, consider those comments, and issue a final rule by the scheduled date of the event. It is impracticable to publish an NPRM because we must establish this safety zone by September 21, 2024. 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 because prompt action is needed to respond to the potential safety hazards associated with a fireworks event taking place in a heavily trafficked harbor. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector Boston (COTP) has determined that potential hazards exist with a fireworks event occurring in a heavily trafficked harbor in the vicinity of Admiral’s Hill, Boston Inner Harbor, Mystic River, Chelsea, Massachusetts. This rule is needed to protect the maritime public and event participants from the hazards associated with the fireworks event. IV. Discussion of the Rule This rule establishes a safety zone from 7:30 p.m. to 10 p.m. on September 21, 2024, with a rain date of September 22, 2024. The safety zone will cover all the navigable waters of a portion of Boston Inner Harbor in the vicinity of Admiral’s Hill, Mystic River, Chelsea, specifically within a 300-yard radius of the fireworks barge in approximate position 42°23′08″ N, 071°3′03″ W. The duration of the zone is intended to protect event participants, support personnel, vessels, and the marine environment in these navigable waters PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 76419 during the fireworks event. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. Requests to enter the zone will be considered and reviewed on a case-bycase basis. The COTP may be contacted by telephone at (856) 416–3015 or can be reached by VHF–FM channel 16. Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed to minimize wake and comply with all lawful directions issued by the COTP or the designated representative. 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. This rule has not been designated a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the size, location, duration, and time-of-year of the safety zone. Vessel traffic will be able to safely transit around this safety zone which will impact a small, designated area of Boston Inner Harbor in the vicinity of Admiral’s Hill, Mystic River, Chelsea, MA, in support of a fireworks event on September 21, 2024, with a rain date of September 22, 2024. Additionally, this safety zone will be of limited duration, two- and one-half hours, to minimize any adverse impacts to vessels who seek to transit the navigable waters. Moreover, the Coast Guard will issue a Local Notice to Mariners well in advance of the event and a Broadcast Notice to Mariners via VHF–FM marine channel 16 regarding the zone prior to commencement of the event, and the rule allows vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider E:\FR\FM\18SER1.SGM 18SER1

Agencies

[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76417-76419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21157]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0867]
RIN 1625-AA00


Safety Zone; Christina River, Delaware River, Wilmington, DE

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 1,000-yard radius of the oil transfer dock at 
Buckeye Terminal Wilmington, in Wilmington, DE. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by a fuel oil discharge. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port, Sector Delaware Bay or a designated 
representative.

DATES: This rule is effective without actual notice from September 18, 
2024 through 11:59 p.m. September 19, 2024. For the purposes of 
enforcement, actual notice will be used from 11 a.m. September 12, 
2024, until September 18, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0867 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Petty Officer Dylan Caikowski, Waterways Management 
Division, U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-
4814, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port, Sector Delaware Bay
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

    A fuel oil discharge occurred at the oil transfer dock at Buckeye 
Terminal, in Wilmington, Delaware, on September 12, 2024, and prompt 
action is needed to respond to the potential safety hazards associated 
a fuel oil discharge into a navigable waterway. The Coast Guard is 
issuing this temporary rule under the authority in 5 U.S.C. 553(b)(B). 
This statutory 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.'' The Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it would be contrary to the public 
interest to delay publication of a final rule to deal with this 
emergency situation.
    Also, 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 prompt action is needed to respond to the potential safety 
hazards associated a fuel oil discharge into a navigable waterway.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Sector Delaware Bay (COTP) has 
determined that potential hazards associated with a fuel oil discharge 
into a navigable waterway will be a safety concern for anyone within a 
1,000-yard radius of the oil transfer dock at Buckey Terminal 
Wilmington, in Wilmington, DE. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while responding to a discharge of fuel oil.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from September 12, 
2024, through September 19, 2024. The safety zone will cover all 
navigable waters of the Christina River and the Delaware River within 
1,000 yards of the oil transfer dock at Buckeye Terminal Wilmington, in 
Wilmington, DE, in position latitude 39[deg]42.96' N, longitude 
75[deg]30.84' W. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters while responding to a discharge of fuel oil. No vessel or person 
will be permitted to enter the safety zone without obtaining permission 
from the COTP or a designated representative.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on size, duration, 
and location of the temporary safety zone. The safety zone is effective 
for 7 days but will only be enforced while personnel are responding to 
the fuel oil discharge. Vessel traffic may be able to transit through 
the safety zone if authorized by

[[Page 76418]]

the COTP or a designated representative. Moreover, the Coast Guard will 
release the details of the zone via a Broadcast Notice to Mariners on 
VHF-FM radio channel 16.

B. Impact on Small Entities

    The regulatory flexibility analysis provisions of the Regulatory 
Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, do not apply 
this rule. They do not apply because this rule fits a 5 U.S.C. 
553(b)(B) good-cause exception for notice-and-comment rulemaking. 
Therefore, we were not required to publish a notice of proposed 
rulemaking. 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.

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, Rev. 1, associated implementing instructions, 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 
temporary safety zone lasting only 7 days that will prohibit entry 
within 1,000 yards of Buckeye Terminal Wilmington, in Wilmington, DE, 
to respond to the potential safety hazards associated a fuel oil 
discharge into a navigable waterway. It is categorically excluded from 
further review under paragraph L60(c) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1.

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 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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T05-0867, to read as follows.


Sec.  165.T05-0867  Safety Zone; Christina River, Delaware River, 
Wilmington, DE

    (a) Location. All navigable waters of the Christina River and the 
Delaware River, within 1,000 yards of the oil transfer dock at Buckeye 
Terminal Wilmington, in Wilmington DE, in position latitude 
39[deg]200E;42.96'N, longitude 75[deg]200E;30.84'W. (WGS 84)
    (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 (COTP), Sector Delaware Bay in the enforcement 
of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter or remain in 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, contact the 
COTP or the COTP's representative via VHF-FM channel 16 or (215) 271-
4807. 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) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement Period. This rule will be in effect from 11 a.m. on 
September 12, 2024, to 11:59 p.m. on September 19, 2024.


[[Page 76419]]


    Dated: September 12, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-21157 Filed 9-17-24; 8:45 am]
BILLING CODE 9110-04-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.