[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Rules and Regulations]
[Pages 56170-56172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25613]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1053]
RIN 1625-AA00


Safety Zone; Delaware River, Pipeline Removal, Marcus Hook, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 250-yard radius of Commerce Construction 
vessels and machinery conducting diving and pipeline removal operations 
in the Delaware River, in the vicinity of Anchorage 7, near Marcus 
Hook, PA. The safety zone is needed to protect personnel, vessels, and 
the marine environment from potential hazards created by diving and 
pipeline removal operations. Entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the Port 
Delaware Bay.

DATES: This rule is effective without actual notice from November 28, 
2017 through December 8, 2017. For the purposes of enforcement, actual 
notice will be used from November 21, 2017 through November 28, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1053 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 
rulemaking, call or email Petty Officer Amanda Boone, Waterways 
Management Branch, U.S. Coast Guard Sector Delaware Bay; 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 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 notification of this pipeline removal 
project was not given to the Coast Guard until November 15, 2017. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by November 21, 2017.
    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 immediate action is needed to 
address the potential safety hazards associated with diving and 
pipeline removal operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Delaware Bay has determined that 
potential hazards associated with diving and pipe removal operations 
starting November 21, 2017, will be a safety concern for anyone within 
a 250-yard radius of diving and pipe removal vessels and machinery. 
This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
operations are being conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5:00 a.m. to 7:00 p.m., 
Monday through Sunday, from November 21, 2017 through December 8, 2017. 
The safety zone will cover all navigable waters within 250 yards of 
vessels and machinery being used by personnel to conduct diving and 
pipe removal operations. There are three sections of pipeline that will 
be removed. The first two sections of pipeline to be removed are in 
Anchorage No. 7, Marcus Hook Anchorage, in the Delaware River. During 
removal of these sections of pipeline, the safety zone will restrict 
vessels from anchoring in the lower portion of Anchorage No. 7. During 
removal of the third section of pipeline, operations will be conducted 
within the main navigational channel and vessels will be required to 
transit through the lower portion of Anchorage No. 7.
    No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. Vessels wishing to transit the safety zone in the main 
navigational channel may do so if they can make satisfactory passing 
arrangements with the towing vessel JOKER in accordance with the 
Navigational Rules in 33 CFR subchapter E via VHF-FM channel 13 or 80 
at least 1 hour, as well as 30 minutes, prior to arrival to arrange 
safe passage. If vessels are unable to make satisfactory passing 
arrangements with the towing vessel JOKER, they may request permission 
from the COTP, or his designated representative, on VHF-FM channel 16. 
All vessels must operate at the minimum safe speed necessary to 
maintain steerage and reduce wake. The Coast Guard will issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16, Local Notice 
to Mariners, and Marine Safety Information Bulletin further defining 
specific work locations and traffic patterns.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies

[[Page 56171]]

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 size, location, 
duration, and time-of-day of the safety zone. Vessel traffic will be 
able to safely transit around this safety zone which would impact a 
small designated area of the Delaware River from 5:00 a.m. to 7:00 
p.m., Monday through Sunday from November 21, 2017 through December 8, 
2017 Moreover, the Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16, Local Notice to Mariners, and 
Marine Safety Information Bulletin about the zone, and the rule would 
allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
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 safety zone that will prohibit entry within 250 yards 
of vessels and machinery being used by personnel to conduct diving and 
pipe removal operations. It is categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. 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 contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-1053 to read as follows:


Sec.  165.T05-1053  Safety Zone, Delaware River; Pipeline Removal; 
Marcus Hook, PA

    (a) Location. The following areas are safety zones: all navigable 
waters within 250 yards of the towing vessel JOKER, Commerce 
Construction crane barge KELLY, and associated diving and pipe removal 
vessels, as well as any associated equipment, operating in Marcus Hook 
Range and Anchorage No. 7 near Marcus Hook, PA, on the Delaware River.
    (b) Definitions. (1) Captain of the Port means the Commander, 
Sector Delaware Bay or any Coast Guard commissioned,

[[Page 56172]]

warrant, or petty officer who has been authorized by the Captain of the 
Port to act on his behalf.
    (2) Designated representative means any Coast Guard commissioned, 
warrant or petty officer who has been authorized by the Captain of the 
Port, Delaware Bay, to assist with the enforcement of safety zones 
described in paragraph (a) of this section.
    (c) Regulations. The general safety zone regulations found in 33 
CFR part 165 subpart C apply to the safety zone created by this 
section.
    (1) Entry into or transiting within either safety zone is 
prohibited unless vessels obtain permission from the Captain of the 
Port via VHF-FM channel 16, or make satisfactory passing arrangements 
via VHF-FM channels 13 or 80, with the towing vessel JOKER per this 
section and the rules of the Road (33 CFR subchapter E). Vessels 
requesting to transit shall contact the towing vessel JOKER on channel 
13 or 80 at least 1 hour, as well as 30 minutes, prior to arrival.
    (2) Vessels granted permission to enter and transit the safety zone 
must do so in accordance with any directions or orders of the Captain 
of the Port, his designated representative, or the towing vessel JOKER. 
No person or vessel may enter or remain in a safety zone without 
permission from the Captain of the Port or the towing vessel JOKER.
    (3) There are three sections of pipeline that will be removed. The 
first two sections of pipeline to be removed are in Anchorage No. 7, 
Marcus Hook Anchorage, in the Delaware River. During removal of these 
sections of pipeline, the safety zone will restrict vessels from 
anchoring in the lower portion of Anchorage No. 7.
    (4) During removal of the third section of pipeline, operations 
will be conducted within the main navigational channel and vessels will 
be required to transit through the lower portion of Anchorage No. 7. 
The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16, Local Notice to Mariners, and Marine Safety 
Information Bulletin further defining specific work locations and 
traffic patterns.
    (5) All vessels must operate at the minimum safe speed necessary to 
maintain steerage and reduce wake.
    (6) This section applies to all vessels that intend to transit 
through the safety zone except vessels that are engaged in the 
following operations: enforcement of laws, service of aids to 
navigation, and emergency response.
    (d) Enforcement periods. This section will be enforced from 
November 21, 2017, through December 8, 2017.

    Dated: November 20, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-25613 Filed 11-27-17; 8:45 am]
BILLING CODE 9110-04-P


