Safety Zone, Object Removal; Delaware River and Bay, Philadelphia, PA
| Published date | 14 July 2020 |
| Citation | 85 FR 42303 |
| Record Number | 2020-13507 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 85 Issue 135 (Tuesday, July 14, 2020)
[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Rules and Regulations]
[Pages 42303-42305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13507]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0344]
RIN 1625-AA00
Safety Zone, Object Removal; Delaware River and Bay,
Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Interim final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Delaware River and Bay within 250 yards of the bucket
dredge KOKO VI, towing vessel GEORGETOWN, the deck barge BC 45, and all
associated equipment while object removal, dredging, and diving
operations are taking place. This safety zone is needed to protect
personnel, vessels, and the marine environment from hazards created by
the aforementioned operations. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Delaware Bay (COTP) or his designated representitives.
DATES: This rule is effective without actual notice from July 14, 2020
through October 15, 2020. For the purposes of enforcement, actual
notice will be used from June 18, 2020, through July 14, 2020.
Comments and related material must be received by the Coast Guard
on or before August 13, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0344 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 on this rule,
call or email Petty Officer Edmund Ofalt, 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
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 interim 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 it is impracticable and contrary to
the public interest. There is insufficient time to allow for a
reasonable comment period prior to the starte date for object removal,
dredging and diving operations. The rule needs to be issued and
enforceable with actual notice by June 18, 2020, to serve its purpose
of ensuring the safety of the general public
[[Page 42304]]
from hazards associated with these operations.
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 object removal, dredging and diving operations
within 250 yards of the bucket dredge KOKO VI, towing vessel
GEORGETOWN, barge BC 45, and all associated equipment.
We are soliciting comments on this rulemaking. If the Coast Guard
determines that changes to the rule are necessary we will publish a
temporary final rule or other appropriate document.
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 object removal, dredging and
diving operations. The purpose of this rulemaking is to ensure the
safety of personnel, vessels, and the marine environment within a 250-
yard radius of these operations.
IV. Discussion of the Rule
This rule establishes a safety zone from June 18, 2020, through
October 15, 2020. The safety zone is necessary to facilitate the main
channel deepening of the Delaware River and Bay. Object removal
operations will most likely be conducted with the dredge KOKO VI,
towing vessel GEORGETOWN, and deck barge BC 45, though other dredges or
vessels may be used, along with associated equipment. Due to the
hazards related to these operations a safety zone is being established
for all navigable waters within 250 yards of the vessels conducting
these operations.
Entry into, transiting or anchoring within the safety zone is
prohibited unless the vessel obtains permission from the COTP or makes
satisfactory passing arrangements with the operating dredge per this
rule and the Rules of the Road (33 CFR subchapter E). Though the dredge
KOKO VI, towing vessel GEORGETOWN, and deck barge BC 45 are the primary
vessels to be used in these operations, the COTP may update the
information and the vessels being utilized with these operations via
Marine Safety Information Bulletin and Broadcast Notice to Mariners.
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 size,
location, and duration of the safety zone. The safety zone will be
enforced in a manner that does not conflict with transiting commercial
and recreational traffic. Vessels may transit through or around the
safety zone if satisfactory passing arrangements can be agreed upon.
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
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,
[[Page 42305]]
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
safety zone to protect waterway users that would prohibit entry within
250 yards of object removal, dredging and diving operations within and
around the main navigational channel. Vessels may request permission to
enter or transit through the safety zone. It is categorically excluded
from further review under paragraph L[60a] of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
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.
VI. 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 us amend this regulation so that it
provides a better solution to the problem we seek to address. We may
issue a temporary final rule or other appropriate document in response
to your comments. 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 https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email 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
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this temporary interim rule 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.
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; 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.T05-0344, to read as follows:
Sec. 165.T05-0344 Safety Zone, Object Removal; Delaware River and
Bay, Philadelphia, PA.
(a) Location. The following area is a safety zone: All navigable
waters within 250 yards of the dredge KOKO VI, the towing vessel
GEORGETOWN, the deck barge BC 45, and all associated equipment while
conducting object removal, dredging and dive operations within the
Delaware Bay and River.
(b) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the Captain of the Port to assist with enforcement
of the safety zone described in paragraph (a) of this section.
(c) Regulations. (1) Entry into or transiting within the safety
zone identified in paragraph (a) of this section is prohibited unless
vessels obtain permission from the Captain of the Port or his
designated representitives via VHF-FM channel 16 or 215-271-4807, or
make satisfactory passing arrangements via VHF-FM channel 13 or 8 with
the operating dredge per this section and the rules of the Road (33 CFR
subchapter E). To avoid transit delays, vessels requesting to transit
should contact the operating dredge via VHF-FM channel 13 or 8 at least
1 hour prior to arrival.
(2) This section applies to all vessels except those engaged in the
following operations: Enforcement of laws, service of aids to
navigation, and emergency response.
(d) Enforcement agencies. The U.S. Coast Guard may be assisted by
federal, state and local agencies in the patrol and enforcement of the
zone.
(e) Enforcement period. This section will be enforced from June 18,
2020, through October 15, 2020, unless cancelled earlier by the Captain
of the Port.
Dated: June 18, 2020.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2020-13507 Filed 7-13-20; 8:45 am]
BILLING CODE 9110-04-P
