[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Proposed Rules]
[Pages 19003-19005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08992]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0238]
RIN 1625-AA00


Safety Zone; Delaware River; Baker Range, DE and NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary moving 
safety zone in the Baker Range portion of the Delaware River. This 
action is necessary to provide for safety of life and navigation on 
this portion of the Delaware River during submarine power cable laying 
operations. This proposed rulemaking would prohibit persons and vessels 
from entering or transiting through the safety zone without 
authorization of the Captain of the Port Delaware Bay or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 3, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0238 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

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 Division, Coast 
Guard; telephone (215) 271-4814, email Edmund.J.Ofalt@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On October 2, 2018, the Harlan Electric Company notified the Coast 
Guard of construction activities in the Delaware River involving 
submerged cable laying operations. The submerged cable laying 
operations are scheduled to begin on July 1, 2019, and continue through 
September 20, 2019. During this time, the cable laying operations will 
intermittently take place within the main navigation channel. The 
Captain of the Port Delaware Bay has determined that hazards associated 
with these operations would be a safety concern for anyone within 300 
yards of the M/V ULISSE and any associated equipment.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 300-yard radius of the M/V ULISSE 
during cable laying operations. The Coast Guard is proposing this 
rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 
1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a temporary moving safety zone 
from July 1, 2019, through September 20, 2019. The safety zone would 
cover all navigable waters within 300 yards of the M/V ULISSE in and 
around the Baker Range on the Delaware River. The duration of the zone 
is intended to ensure the safety of vessels and these navigable waters 
during submerged cable laying operations. Vessels would be allowed to 
enter the safety zone if they get permission from the COTP or a 
designated representative. Vessels would also be allowed to enter the 
zone if the vessel maintains minimum safe speed to reduce wake and 
maintain steerage, contact is made with the M/V ULISSE and safe passage 
is arranged, vessel begins and completes its transit only when the M/V 
ULISSE is not conducting cable laying operations within Baker Range 
Channel.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive

[[Page 19004]]

Order 12866. Accordingly, the NPRM has not been reviewed by the Office 
of Management and Budget (OMB), and pursuant to OMB guidance it is 
exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, location 
and duration of the safety zone. Vessel traffic would be provided 
notice of the safety zone's expected location, specifically any main 
navigational channel impact, approximately 12 hours in advance via 
Broadcast Notice to Mariners and Marine Safety Information Bulletin. 
This would allow vessel traffic to plan accordingly and minimize the 
effect on vessel traffic. Any channel obstructions are expected to be 
less than four hours per obstruction event.

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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination 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 proposed rule involves a safety zone for all 
navigable waters within 300 yards of cable laying operations in the 
Delaware River. Normally such actions are categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration supporting this determination is 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 proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

[[Page 19005]]

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 proposes 
to amend 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.T05-0238, to read as follows:


Sec.  165.T05-0238  Safety Zone; Delaware River; Baker Range, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters within 300 yards of the M/V ULISSE during submarine cable laying 
operations in and around Baker Range on the Delaware River.
    (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 zone 
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 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) Vessels may transit the safety zone without prior authorization 
from the COTP or COTP's representative if they meet all of the 
following criteria:
    (i) Vessel shall maintain the minimum safe speed to reduce wake and 
maintain steerage.
    (ii) Vessel must contact the M/V ULISSE and arrange for safe 
passage.
    (iii) Vessel may begin, and must complete, its transit only when M/
V ULISSE is not conducting cable laying operations within Baker Range 
Channel as depicted on U.S. Nautical Charts 12311 or US5DE13M. Cable 
laying operations within the channel will be announced via Broadcast 
Notice to Mariners and are expected to last approximately 4 hours at a 
time.
    (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. Enforcement of the safety zone will begin 
July 1, 2019, and continue through September 20, 2019.

    Dated: April 29, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-08992 Filed 5-2-19; 8:45 am]
 BILLING CODE 9110-04-P


