Safety Zones; Delaware River Dredging, Marcus Hook, PA
| Published date | 13 January 2022 |
| Record Number | 2022-00560 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 87 Issue 9 (Thursday, January 13, 2022)
[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Rules and Regulations]
[Pages 2049-2051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00560]
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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.
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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 [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
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
[[Page 2050]]
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
[[Page 2051]]
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
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.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T05-0022, to read as follows:
Sec. 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 112312.
(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
