
[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Rules and Regulations]
[Pages 3497-3499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01201]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-1002]
RIN 1625-AA00


Safety Zone, Vessel Movement, Christina River; Wilmington, DE

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Christina River in Wilmington, DE, from January 18, 2014 to January 31, 
2014, to be enforced for a period of 48 hours within this time frame. 
The safety zone will restrict vessel traffic on the Christina River in 
the immediate area of the M/V OCEAN FORCE, which will be moored inside 
a boundary described as originating from 39[deg]43'14'' N, 
075[deg]31'41'' W; northeasterly to 39[deg]43'17'' N, 75[deg]31'40'' W; 
then east to 39[deg]43'15'' N, 075[deg]31'47'' W; then southwesterly to 
the shoreline at 39[deg]43'10'' N; 075[deg]31'30'' W. The safety zone 
is intended to facilitate 24 hour cargo operations in which a 110 ft 
object will be offloaded from the vessel to the facility.
    This regulation is necessary to provide for the safety of life on 
the navigable waters of the Christina River. This safety zone is 
intended to restrict vessel traffic movement to ensure the safety of 
the vessels and personnel involved with the cargo operation.

DATES: This rule is effective without actual notice from January 22, 
2014 until 7:00 p.m. on January 31, 2014, unless cancelled earlier. For 
the purposes of enforcement, actual notice will be used from the date 
the rule was signed, January 6, 2014, until January 22, 2014. This rule 
will be enforced for a period of 48 hours within this time frame.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-1002]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email If you have questions on this temporary rule, call or 
email Lieutenant Veronica Smith, U.S. Coast Guard, Sector Delaware Bay, 
Chief Waterways Management Division, Coast Guard; telephone (215) 271-
4851, email Veronia.l.Smith@uscg.mil. If you have questions on viewing 
or submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this final 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 a safety zone is in the public 
interest in that the Coast Guard seeks to ensure safety of life and 
property for both those vessels offloading the large cargo and those 
persons transiting the Christina River. In this case, waiting for a 
comment period to run would be contrary to the public interest of 
protecting life and property. In addition, publishing an NPRM is 
impracticable as the operators of the M/V OCEAN FORCE did not provide 
sufficient notice to the Coast Guard relating to the expected date of 
arrival of the vessel and subsequent offload of the cargo. Therefore, 
delay in taking action is both impracticable and contrary to public 
interest.
    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 as any delay encountered in this 
regulation's effective date would be contrary to public interest 
because immediate action is needed to provide for the safety of vessels 
during the offloading of the cargo.

B. Basis and Purpose

    On or after January 18, 2014, the M/V OCEAN FORCE will be arriving 
to the Port of Wilmington to offload a 110 ft object. To facilitate the 
cargo operations, the vessel will be Mediterranean moored (placing the 
vessel's stern to the dock) to the facility. Due to the size of the 
vessel, expected manner of moorage of the vessel, and the unusual size 
of the cargo, vessel traffic will be restricted from entering the 
safety zone during the designated date and time, which accounts for 
staging of the vessel and machinery to offload the cargo as well as the 
actual offloading of the cargo. This rule is required in order to 
safely facilitate cargo operations and protect both life and property 
on the navigable waterways of the Christina River in respect to the 
commercial/recreational vessel traffic.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone in the 
waters of the Christina River in Wilmington, DE from 7 a.m. on January 
18, 2014 until 7 p.m. on January 31, 2014, to be enforced for a period 
of 48 hours within this time frame. The safety zone will restrict 
vessel traffic from entering in the immediate area of the M/V OCEAN 
FORCE. The M/V OCEAN FORCE will be moored inside a boundary described 
as originating from 39[deg]43'14'' N, 075[deg]31'41'' W; northeasterly 
to 39[deg]43'17'' N, 75[deg]31'40'' W; then east to 39[deg]43'15'' N, 
075[deg]31'47'' W; then southwesterly to the shoreline at 
39[deg]43'10'' N; 075[deg]31'30'' W. During the enforcement period of 
the safety zone, all persons and vessels will be prohibited from 
entering, transiting, mooring, or remaining within the zone, unless 
specifically authorized by the Captain of the Port Delaware Bay, or her 
designated representative. Those persons authorized to transit through 
the safety zone shall abide by and follow all directions provided by 
the Captain of the Port Delaware Bay, or her designated representative, 
in order to ensure they are not disrupting the cargo offloading 
operation.
    The Coast Guard will provide notice of the regulated area by 
Broadcast Notice to Mariners and on-scene designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented

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by Executive Order 13563, Improving Regulation and Regulatory Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of Executive Order 12866 or under section 1 of 
Executive Order 13563. The Office of Management and Budget has not 
reviewed it under those Orders. Although this regulation will restrict 
access to the regulated area, the effect of this rule will not be 
significant because: (i) The Coast Guard will make extensive 
notification of the Safety Zone to the maritime public via maritime 
advisories so mariners can alter their plans accordingly; (ii) vessels 
may still be permitted to transit through the safety zone with the 
permission of the Captain of the Port on a case-by-case basis; and 
(iii) this rule will be enforced for only the duration of staging and 
offloading operations.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to anchor or transit along a portion of the Christina River 
near Wilmington, Delaware, from January 18, 2014 until January 31, 
2014, unless cancelled earlier by the Captain of the Port.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: vessel 
traffic will be allowed to pass through the zone with permission of the 
Coast Guard Captain of the Port Delaware Bay or her representative and 
zone is limited in size. Sector Delaware Bay will issue maritime 
advisories widely accessible to users of the seacoast.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA)(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 implementation of regulations within 33 
CFR part 165, applicable to safety zones on the navigable waterways. 
This zone will temporarily restrict vessel traffic

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from transiting the Christina River along the shoreline of Wilmington, 
Delaware, in order to protect the safety of life and property on the 
waters while cargo offloading operations are conducted. This rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

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; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add temporary Sec.  165.T05-1005, to read as follows:


Sec.  165.T05-1005  Safety Zone, Vessel Movement, Christina River; 
Wilmington, DE.

    (a) Location. The following area is a safety zone: All waters of 
the Christina River in Wilmington, DE inside a boundary described as 
originating from 39[deg]43'14'' N, 075[deg]31'41'' W; northeasterly to 
39[deg]43'17'' N, 75[deg]31'40'' W; then east to 39[deg]43'15'' N, 
075[deg]31'47'' W; then southwesterly to the shoreline at 
39[deg]43'10'' N; 075[deg]31'30'' W.
    (b) Enforcement period. This rule is enforced for a 48 hour period 
while the M/V OCEAN FORCE is Mediterranean Moored, from 7 a.m. on 
January 18, 2014 until 7 p.m. on January 31, 2014, unless cancelled 
earlier by the Captain of the Port once all operations are completed.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.33.
    (1) All persons and vessels transiting through the Safety Zone must 
be authorized by the Captain of the Port or her representative.
    (2) All persons or vessels wishing to transit through the Safety 
Zone must request authorization to do so from the Captain of the Port 
or her representative one hour prior to the intended time of transit.
    (3) Vessels granted permission to transit must do so in accordance 
with the directions provided by the Captain of the Port or her 
representative to the vessel.
    (4) To seek permission to transit the Safety Zone, the Captain of 
the Port or her representative can be contacted via Sector Delaware Bay 
Command Center (215) 271-4940.
    (5) This section applies to all vessels wishing to transit through 
the Safety Zone except vessels that are engaged in the following 
operations: (i) Enforcing laws; (ii) servicing aids to navigation, and 
(iii) emergency response vessels.
    (6) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (7) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (8) No person may board, or take or place any article or thing on 
board, any vessel in a safety zone without the permission of the 
Captain of the Port; and
    (9) No person may take or place any article or thing upon any 
waterfront facility in a safety zone without the permission of the 
Captain of the Port.
    (d) Definitions.
    (1) The Captain of the Port means the Commander of Sector Delaware 
Bay or any Coast Guard commissioned, warrant, or petty officer who has 
been authorized by the Captain of the Port to act on her behalf.
    (2) [Reserved]
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the Safety Zone by Federal, State, and local 
agencies.

    Dated: January 6, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2014-01201 Filed 1-21-14; 8:45 am]
BILLING CODE 9110-04-P


