[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 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
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


