Safety Zones; Delaware River Dredging, Marcus Hook, PA

CourtCoast Guard
Citation87 FR 2049
Publication Date13 January 2022
Record Number2022-00560
2049
Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations
and Drugs, 21 CFR parts 882 and 1270
are amended as follows:
PART 882—NEUROLOGICAL DEVICES
1. The authority citation for part 882
continues to read as follows:
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 360l, 371.
§ 882.5975 [Removed]
2. Remove § 882.5975.
PART 1270—[REMOVED]
3. Under the authority of 42 U.S.C.
216, 243, 264, 271, part 1270 is
removed.
Dated: January 6, 2022.
Janet Woodcock,
Acting Commissioner of Food and Drugs.
[FR Doc. 2022–00492 Filed 1–12–22; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0022]
RIN 1625–AA00
Safety Zones; Delaware River
Dredging, Marcus Hook, PA
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is re-
establishing temporary safety zones on
the waters of the Delaware River in
portions of Marcus Hook Range and
Anchorage 7 off Marcus Hook Range.
The safety zones temporarily restrict
vessel traffic from transiting or
anchoring in portions of the Delaware
River while maintenance dredging is
being conducted within the Delaware
River. The safety zones are needed to
protect personnel, vessels, and the
marine environment from hazards
created by dredging operations. Entry of
vessels or persons into these zones is
prohibited unless specifically
authorized by the COTP or his
designated representatives.
DATES
: This rule is effective without
actual notice from January 13, 2022
through January 31, 2022. For the
purposes of enforcement, actual notice
will be used from January 6, 2022, until
January 13, 2022.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0022 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email Petty Officer Jennifer Padilla,
Waterways Management Branch, U.S.
Coast Guard Sector Delaware Bay;
telephone (215) 271–4889, email
Jennifer.l.padilla@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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On September 2, 2021, the Coast
Guard established temporary safety
zones on the waters of the Delaware
River in portions of Marcus Hook Range
and Anchorage 7 off Marcus Hook
Range to temporarily restrict vessel
traffic from transiting or anchoring in
portions of the Delaware River in
association with maintenance dredging
within the Delaware River (86 FR 49241,
Sept. 2, 2021). That rule expired
November 2, 2021. On January 6, 2022,
the dredging company informed the
Coast Guard about additions to the
original contract and the need to extend
the project. The new estimated
completion date is January 31, 2022.
The Coast Guard is issuing this 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
start date for dredging operations. The
rule must be in force by January 6, 2022,
to serve its purpose of ensuring the
safety of the public from hazards
associated with dredging operations
such as submerged and floating
pipeline, booster pumps, head sections
and vessels with a restricted ability to
maneuver.
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 dredging operations in these
locations.
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 dredging
operations. The purpose of this
rulemaking is to ensure the safety of
personnel, vessels, and the marine
environment within a 250-yard radius of
dredging operations and all associated
pipeline and equipment.
IV. Discussion of the Rule
This rule re-establishes the safety
zones established on September 2, 2021,
(86 FR 49241, Sept. 2, 2021). The re-
established zones will be in effect from
January 6, 2022, through January 31,
2022. This change is reflected in a
revised enforcement paragraph,
paragraph (e). This rule makes no other
changes to the previoius rule. The
locations and restrictions of the safety
zones established by the September rule
remain the same.
The safety zones are necessary to
facilitate annual maintenance dredging
of the Delaware River in the vicinity of
Marcus Hook Range and Anchorage 7
off Marcus Hook Range (as described in
33 CFR 110.157(a)(8)). Dredging will
most likely be conducted with the
dredge ESSEX, though other dredges
may be used, along with associated
dredge pipeline and boosters. The
pipeline consists of a combination of
floating hoses immediately behind the
dredge and submerged pipeline leading
to upland disposal areas. Due to the
hazards related to dredging operations,
the associated pipeline, and the location
of submerged pipeline, safety zones are
being established in the following areas:
(1) Safety zone one includes all
navigable waters within 250 yards of the
dredge displaying lights and shapes for
vessels restricted in ability to maneuver
as described in 33 CFR 83.27, and all
related dredge equipment when the
dredge is operating in Marcus Hook
Range, and Anchorage 7. This safety
zone is being established for the
duration of the maintenance project.
Vessels requesting to transit the safety
zone must contact the dredge on VHF
channel 13 or 16 at least 1 hour prior
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Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations
to arrival to arrange safe passage. At
least one side of the main navigational
channel will be kept clear for safe
passage of vessels in the vicinity of the
safety zone. At no time will the entire
main navigational channel be closed to
vessel traffic. Vessels should avoid
meeting in these areas where one side
of the main navigational channel is
open and proceed per this rule and the
Rules of the Road (33 CFR subchapter
E).
(2) Safety zone two includes all the
waters of Anchorage 7 off Marcus Hook
Range, as described in 33 CFR
110.157(a)(8). Vessels wishing to anchor
in Anchorage 7 off Marcus Hook Range
while this rule is in effect must obtain
permission from the COTP at least 24
hours in advance by calling (215) 271–
4807. Vessels requesting permission to
anchor within Anchorage 7 off Marcus
Hook must be at least 650 feet in overall
length. The COTP will permit, at
minimum, only one vessel to anchor at
a time on a ‘‘first-come, first-served’’
basis. Vessels will only be allowed to
anchor for a 12 hour period. Vessels that
require an examination by the Public
Health Service, Customs, or Immigration
authorities will be directed to an
anchorage by the COTP for the required
inspection. Vessels are encouraged to
use Anchorage 9 near the entrance to
Mantua Creek, Anchorage 10 at Naval
Base, Philadelphia, and Anchorage 6 off
Deepwater Point Range as alternative
anchorages.
Preference is being given to vessels at
least 650 feet in length in the Anchorage
7 while this rule is in effect, because
vessels of this size are limited in their
ability to utilize other anchorages due to
draft. The depth of Anchorage 7
provides an acceptable depth for large
vessels to bunker and stage for facility
arrival. Smaller vessels maintain a host
of other options to include, but are not
limited to Anchorage 9 and 10 as
recommended above.
Entry into, transiting, or anchoring
within safety zone one is prohibited
unless vessels obtain permission from
the COTP or make satisfactory passing
arrangements with the operating dredge
per this rule and the Rules of the Road
(33 CFR subchapter E). The COTP may
issue updates regarding the vessel and
equipment being utilized for these
dredging 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.
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).
This regulatory action determination
is based on size, location, duration, and
traffic management of the safety zones.
The safety zones will be enforced in an
area and in a manner that does not
conflict with transiting commercial and
recreational traffic. At least one side of
the main navigational channel will be
open for vessels to transit at all times.
Moreover, the Coast Guard will work in
coordination with the pilots to ensure
vessel traffic can transit the area safely.
Although this regulation will restrict
access to regulated areas, the effect of
this rule will not be significant because
there are a number of alternate
anchorages available for vessels to
anchor. Furthermore, vessels may
transit through the safety zones with the
permission of the COTP or make
satisfactory passing arrangements with
the dredge ESSEX, or other dredge(s)
that may be used in accordance with
this rule and the Rules of the Road (33
CFR subchapter E). The Coast Guard
will notify the maritime public about
the safety zones through maritime
advisories, allowing mariners to alter
their plans accordingly.
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
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Federal Register / Vol. 87, No. 9 / Thursday, January 13, 2022 / Rules and Regulations
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, 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 safety
zones to protect waterway users that
would prohibit entry within 250 yards
of dredging operations, within Marcus
Hook Anchorage and will close only one
side of the main navigation channel. 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.
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
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. 00170.1, Revision No. 01.2.
2. Add § 165.T05–0022, to read as
follows:
§ 165.T05–0022 Safety Zones, Delaware
River Dredging; Marcus Hook, PA.
(a) Location. The following areas are
safety zones:
(1) Safety zone one includes all waters
within 250 yards of the dredge
displaying lights and shapes for vessels
restricted in ability to maneuver as
described in 33 CFR 83.27, as well as all
related dredge equipment, while the
dredge is operating in Marcus Hook
Range. For enforcement purposes
Marcus Hook Range includes all
navigable waters of the Delaware River
shoreline to shoreline, bound by a line
drawn perpendicular to the center line
of the channel at the farthest upriver
point of the range to a line drawn
perpendicular to the center line of the
channel at the farthest downriver point
of the range.
(2) Safety zone two includes all the
waters of Anchorage 7 off Marcus Hook
Range, as described in 33 CFR
110.157(a)(8) and depicted on U. S.
Nautical Chart 12312.
(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 one is
prohibited unless vessels obtain
permission from the Captain of the Port
via VHF–FM channel 16 or 215–271–
4807, or make satisfactory passing
arrangements via VHF–FM channel 13
or 16 with the operating dredge per this
section and the rules of the Road (33
CFR subchapter E). Vessels requesting to
transit shall contact the operating
dredge via VHF–FM channel 13 or 16 at
least 1 hour prior to arrival.
(2) Vessels desiring to anchor in safety
zone two, Anchorage 7 off Marcus Hook
Range, must obtain permission from the
COTP at least 24 hours in advance by
calling (215) 271–4807. The COTP will
permit, at minimum, one vessel at a
time to anchor on a ‘‘first-come, first-
served’’ basis. Vessels will only be
allowed to anchor for a 12 hour period.
Vessels that require an examination by
the Public Health Service, Customs, or
Immigration authorities will be directed
to an anchorage for the required
inspection by the COTP.
(3) Vessels desiring to anchor in safety
zone two, Anchorage 7 off Marcus Hook
Range, must be at least 650 feet in
length overall.
(4) 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. 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 rule will
be enforced from January 6, 2022,
through January 31, 2022, unless
cancelled earlier by the Captain of the
Port.
Dated: January 6, 2022.
Jonathan D. Theel,
Captain, U. S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2022–00560 Filed 1–12–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 410 and 414
[CMS–6081–N]
Medicare Program; Updates to Lists
Related to Durable Medical Equipment,
Prosthetics, Orthotics, and Supplies
(DMEPOS) Conditions of Payment
AGENCY
: Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION
: Updates to and selection of
certain codes.
SUMMARY
: This document announces the
updated Healthcare Common Procedure
Coding System (HCPCS) codes on the
Master List of DMEPOS Items
Potentially Subject to Face-to-Face
Encounter and Written Order Prior to
Delivery and/or Prior Authorization
Requirements. It also announces the
initial selection of HCPCS codes on the
Required Face-to-Face Encounter and
Written Order Prior to Delivery List and
the updates the HCPCS codes on the
Required Prior Authorization List.
DATES
: The implementation is effective
on April 13, 2022. Prior authorization
will be implemented in 3 incremental
phases, with the final phase being
national implementation. Phase 1
includes 1 state per jurisdiction and is
effective April 13, 2022, Phase 2
includes 4 States per jurisdiction and is
effective July 12, 2022, and Phase 3 is
nationwide and is effective October 10,
2022.
FOR FURTHER INFORMATION CONTACT
:
Susan Billet, (410) 786–1062.
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