80_FR_73341 80 FR 73115 - Safety Zone, Delaware River; New Castle, DE

80 FR 73115 - Safety Zone, Delaware River; New Castle, DE

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 226 (November 24, 2015)

Page Range73115-73117
FR Document2015-29835

The Coast Guard is establishing a temporary safety zone on the waters encompassing Pea Patch Island Anchorage No. 5 and the upper portion of Reedy Point South Anchorage No. 3 to facilitate dredging in New Castle Range in the Delaware River. This regulation is necessary to provide for the safety of life on the navigable waters of the Delaware River in the vicinity of Pea Patch Island Anchorage No. 5 and Reedy Point South Anchorage No. 3. These closures are intended to restrict vessel anchoring to protect mariners from the hazards associated with ongoing pipe-laying and dredging operations.

Federal Register, Volume 80 Issue 226 (Tuesday, November 24, 2015)
[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Rules and Regulations]
[Pages 73115-73117]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29835]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-1032]
RIN 1625-AA00


Safety Zone, Delaware River; New Castle, DE

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters encompassing Pea Patch Island Anchorage No. 5 and the upper 
portion of Reedy Point South Anchorage No. 3 to facilitate dredging in 
New Castle Range in the Delaware River. This regulation is necessary to 
provide for the safety of life on the navigable waters of the Delaware 
River in the vicinity of Pea Patch Island Anchorage No. 5 and Reedy 
Point South Anchorage No. 3. These closures are intended to restrict 
vessel anchoring to protect mariners from the hazards associated with 
ongoing pipe-laying and dredging operations.

DATES: This rule is effective without actual notice from November 24, 
2015 through December 31, 2015. For purposes of enforcement, actual 
notice will be used from November 20, 2015 through November 24, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1032 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 Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector 
Delaware Bay, Chief Waterways Management Division, Coast Guard; 
telephone (215) 271-4851, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and

[[Page 73116]]

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 impractical given that the 
final details for the dredging operation were not received until 
November 12, 2015. Vessels attempting to enter the waters of either Pea 
Patch Island Anchorage No. 5 or the upper portion of Reedy Point South 
Anchorage No. 3 during pipe-laying or dredging operations may be at 
risk. Delaying this rule to wait for a notice and comment period to run 
would be contrary to the public interest as it would inhibit the Coast 
Guard's ability to protect the public from the hazards associated with 
pipe-laying and dredging operations. We are issuing this rule, and, 
under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists 
for making it effective less than 30 days after publication in the 
Federal Register because allowing this dredging and pipe laying 
operation to go forward without a safety zone in place would expose 
mariners and the public to unnecessary dangers.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231; 33 CFR 1.05-1 and 160.5; and Department of Homeland Security 
Delegation No. 0170.1. The Captain of the Port, Delaware Bay, has 
determined that potential hazards associated with dredging and pipe 
laying operations starting November 20, 2015, will be a safety concern 
for anyone attempting to transit in the Delaware River, along New 
Castle Range, in the vicinity of Pea Patch Island Anchorage No. 5, the 
upper portion of Reedy Point South Anchorage No. 3, and near the 
entrance to the C & D Canal. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone while dredging is being conducted.

IV. Discussion of the Rule

    The Coast Guard Captain of the Port is temporarily establishing a 
safety zone on the waters of Pea Patch Island Anchorage No. 5 and the 
upper portion of Reedy Point South Anchorage No. 3 from November 20, 
2015 to December 31, 2015, unless cancelled earlier by the Captain of 
the Port. The safety zone will include all waters within the boundaries 
of Pea Patch Island Anchorage No. 5 and all waters within a portion of 
Reedy Point South Anchorage No. 3 north of a line drawn between 
positions 39[deg]33'7.5'' N., 75[deg]33'2.0'' W. and 39[deg]33'8.8'' 
N., 75[deg]32'31.8'' W., as charted on NOAA chart 12311. The waters of 
the anchorages are described in 33 CFR 110.157. Entry into, transiting, 
or anchoring within the safety zone is prohibited unless vessels obtain 
permission from the Captain of the Port (COTP) or make satisfactory 
passing arrangements with the dredge ESSEX per this rule and the Rules 
of the Road (33 CFR chapter I, subchapter E).
    The Captain of the Port will terminate the safety zone once all 
submerged pipeline has been recovered and dredging operations are 
complete. Notice of the implementation and the termination of the 
safety zone will be made per 33 CFR 165.7.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Although this regulation 
will restrict access to the regulated area, the effect of this rule 
will not be significant because Pea Patch Island Anchorage No. 5 and 
Reedy Point Anchorage No. 3 are not frequently used anchorages for 
vessels in the Delaware River, especially during the period of the 
closure, and there are a number of alternate anchorages available for 
vessels to anchor. Furthermore, vessels may be permitted to transit 
through the safety zone with the permission of the Captain of the Port 
or upon making satisfactory passing arrangements with the dredge. 
Extensive notification of the safety zone to the maritime public will 
be made via 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 
contact 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 E.O. 13132, 
Federalism, if it has a substantial direct effect on the States,

[[Page 73117]]

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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 contact 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 in force from November 20, 2015 to December 
31, 2015, that prohibits entry of vessels in Pea Patch Island Anchorage 
No. 5 and the upper portion of Reed Point Anchorage No. 3. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are 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 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.

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: 33 U.S.C 1231; 50 U.S.C. 191; 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 temporary Sec.  165.T05-1032, to read as follows:


Sec.  165.T05-1032  Safety Zone, Delaware River; New Castle, DE

    (a) Location: The safety zone will include all waters within the 
boundaries of Pea Patch Island Anchorage No. 5 (as defined in 33 CFR 
110.157(a)(6)) and all waters within a portion of Reedy Point South 
Anchorage No. 3 (as defined in 33 CFR 110.157(a)(4)) north of a line 
drawn between positions 39[deg]33'7.5'' N, 75[deg]33'2.0'' W and 
39[deg]33'8.8'' N, 75[deg]32'31.8'' W, as charted on NOAA chart 12311. 
These coordinates are based upon North American Datum 83 (NAD 83).
    (b) Definitions.--(1) The Captain of the Port means the Commander 
of Sector Delaware Bay or any Coast Guard commissioned, warrant, or 
petty officer who has been authorized by the Captain of the Port to act 
on his behalf.
    (2) Designated representative means any Coast Guard commissioned, 
warrant or petty officer who has been authorized by the Captain of the 
Port, Delaware Bay, to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (c) Regulations: The general safety zone regulations found in 33 
CFR part 165 subpart C apply to the safety zone created by this 
section.
    (1) Entry into, transiting, or anchoring within the safety zone is 
prohibited unless vessels obtain permission from the Captain of the 
Port (COTP) or make satisfactory passing arrangements, via VHF-FM 
channel 16, with the dredge ESSEX per this rule and the Rules of the 
Road (33 CFR chapter I, subchapter E).
    (2) To seek permission to transit the safety zone, the Captain of 
the Port's representative can be contact via VHF-FM channel 16.
    (3) Vessels granted permission to transit the safety zone must do 
so in accordance with the directions provided by the Captain of the 
Port or his designated representative.
    (4) No person or vessel may enter or remain in a safety zone 
without permission from the Captain of the Port;
    (5) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port or his designated 
representative.
    (6) At least one side of the main navigational channel will be 
clear for safe passage of vessels in the vicinity of the safety zone. 
At no time will the main navigational channel be closed for vessel 
traffic. Vessels are advised to ensure safety passage by contacting the 
dredge ESSEX on VHF-FM channel 16 one hour prior to arrival.
    (7) This section applies to all vessels wishing to transit through 
the safety zone except vessels that are engaged in the following 
operations: enforcing laws; servicing aids to navigation, and emergency 
response vessels.
    (d) Enforcement officials. 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 November 
20, 2015, to December 31, 2015, unless cancelled earlier by the Captain 
of the Port.

    Dated: November 18, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-29835 Filed 11-23-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations                                       73115

                                                loading port of the ballast water that                  loading, primary port of ballast water                DEPARTMENT OF HOMELAND
                                                was discharged during the exchange.                     discharge, and certification of                       SECURITY
                                                   (iii) The date(s), starting location(s),             compliance with § 151.2050.
                                                ending location(s), volume(s), and                      ■ 6. Revise § 151.2070 to read as                     Coast Guard
                                                method(s) of ballast water management.                  follows:
                                                   (iv) The date(s), location(s), and                                                                         33 CFR Part 165
                                                volume(s) of any ballast water                          § 151.2070    Recordkeeping requirements.
                                                                                                                                                              [Docket Number USCG–2015–1032]
                                                discharged into the waters of the United                  (a) The master, owner, operator, agent,
                                                States or to a reception facility.                      or person in charge of a vessel bound for             RIN 1625–AA00
                                                   (5) Certificate of accurate information.             a port or place in the United States,
                                                Include the name and title of the                       unless specifically exempted by                       Safety Zone, Delaware River; New
                                                individual (i.e., master, owner, operator,              § 151.2015 of this subpart, must ensure               Castle, DE
                                                agent, person in charge) attesting to the               the maintenance of written or digital                 AGENCY:    Coast Guard, DHS.
                                                accuracy of the information provided                    records that include the information                  ACTION:   Temporary final rule.
                                                and that the activities were in                         required to be reported by § 151.2060 of
                                                accordance with the ballast water                       this subpart and the sediment                         SUMMARY:   The Coast Guard is
                                                management plan required by                             information in paragraph (a)(1) of this               establishing a temporary safety zone on
                                                § 151.2050(g). If exceptional                           section.                                              the waters encompassing Pea Patch
                                                circumstances required deviation from                     (1) Discharge of sediment. If sediment              Island Anchorage No. 5 and the upper
                                                the plan, the details surrounding the                   was discharged within the jurisdiction                portion of Reedy Point South Anchorage
                                                need for deviation and associated                       of the United States, include the name                No. 3 to facilitate dredging in New
                                                actions must be explained.                              and location of the facility where                    Castle Range in the Delaware River. This
                                                   (d) If the information submitted in                  sediment disposal took place.                         regulation is necessary to provide for
                                                accordance with paragraph (c) of this                      (2) Certification of accurate                      the safety of life on the navigable waters
                                                section changes, the master, owner,                     information. Include the master, owner,               of the Delaware River in the vicinity of
                                                operator, agent, or person in charge of                 operator, agent, person in charge, or                 Pea Patch Island Anchorage No. 5 and
                                                the vessel must submit an amended                       responsible officer’s printed name, title,            Reedy Point South Anchorage No. 3.
                                                report before the vessel departs the                    and signature attesting to the accuracy               These closures are intended to restrict
                                                waters of the United States or not later                of the information provided and that the              vessel anchoring to protect mariners
                                                than 24 hours after departure from the                  activities were in accordance with the                from the hazards associated with
                                                port or place, whichever is earlier.                    ballast water management plan required                ongoing pipe-laying and dredging
                                                   (e) The master, owner, operator, agent,              by § 151.2050(g). If exceptional                      operations.
                                                or person in charge of a vessel operating               circumstances required deviation from                 DATES: This rule is effective without
                                                on voyages exclusively between ports or                 the plan, the details surrounding the                 actual notice from November 24, 2015
                                                places within a single COTP Zone, and                   need for deviation and associated                     through December 31, 2015. For
                                                subject to this subpart and this section,               actions must be explained. The                        purposes of enforcement, actual notice
                                                must submit the information required                    signature requirement may be satisfied                will be used from November 20, 2015
                                                by paragraph (f) of this section to NBIC                by affirming the certification portion of             through November 24, 2015.
                                                by electronic Annual Ballast Water                      the electronic ballast water report.                  ADDRESSES: To view documents
                                                Summary Report format using methods                        (b) The master, owner, operator,                   mentioned in this preamble as being
                                                specified at NBIC’s Web site at http://                 agent, or person in charge of a vessel                available in the docket, go to http://
                                                invasions.si.edu/nbic/submit.html. The                  subject to this section must retain a                 www.regulations.gov, type USCG–2015–
                                                Annual Ballast Water Summary Report                     signed copy of this information onboard               1032 in the ‘‘SEARCH’’ box and click
                                                is required for a period of three years on              the vessel for 2 years.                               ‘‘SEARCH.’’ Click on Open Docket
                                                the following schedule:                                    (c) The recordkeeping requirements in
                                                   (1) Report on the vessel’s ballasting                                                                      Folder on the line associated with this
                                                                                                        this section may be met by maintaining
                                                practices for calendar year 2016 due no                                                                       rule.
                                                                                                        a copy of the reporting form completed
                                                later than March 31, 2017.                                                                                    FOR FURTHER INFORMATION CONTACT: If
                                                                                                        pursuant to § 151.2060 of this subpart,
                                                   (2) Report on the vessel’s ballasting                in addition to maintaining a record of                you have questions on this rule, call or
                                                practices for calendar year 2017 due no                 the sediment information in paragraph                 email Lieutenant Brennan Dougherty,
                                                later than March 31, 2018.                              (a)(1) of this section. These records may             U.S. Coast Guard, Sector Delaware Bay,
                                                   (3) Report on the vessel’s ballasting                be stored on digital media but must be                Chief Waterways Management Division,
                                                practices for calendar year 2018 due no                 readily viewable by the Coast Guard                   Coast Guard; telephone (215) 271–4851,
                                                later than March 31, 2019.                              during an inspection.                                 email Brennan.P.Dougherty@uscg.mil.
                                                   (f) The Annual Ballast Water                            (d) The master, owner, operator,                   SUPPLEMENTARY INFORMATION:
                                                Summary Report will include the                         agent, or person in charge of a vessel                I. Table of Abbreviations
                                                following information:                                  subject to this section must retain the
                                                   (1) Vessel information. This includes                monitoring records required in 46 CFR                 CFR Code of Federal Regulations
                                                name, identification number, vessel                                                                           DHS Department of Homeland Security
                                                                                                        162.060–20(b) for 2 years. These records              E.O. Executive order
                                                type, operator, tonnage, call sign and                  may be stored on digital media but must               FR Federal Register
                                                COTP Zone of operation.                                 be readily viewable by the Coast Guard                Pub. L. Public Law
                                                   (2) Ballast information. This includes               during an inspection.
mstockstill on DSK4VPTVN1PROD with RULES




                                                                                                                                                              § Section
                                                the number of ballast tanks and total                                                                         U.S.C. United States Code
                                                ballast water capacity.                                   Dated: November 18, 2015.
                                                                                                                                                              COTP Captain of the Port
                                                   (3) Operational information. This                    F.J. Sturm,
                                                includes the estimated number of times                  Acting Director of Commercial Regulations             II. Background Information and
                                                ballast water is discharged, estimated                  and Standards, U.S. Coast Guard.                      Regulatory History
                                                volume of ballast water discharged each                 [FR Doc. 2015–29848 Filed 11–23–15; 8:45 am]             The Coast Guard is issuing this
                                                time, primary port of ballast water                     BILLING CODE 9110–04–P                                temporary rule without prior notice and


                                           VerDate Sep<11>2014   23:14 Nov 23, 2015   Jkt 238001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\24NOR1.SGM   24NOR1


                                                73116            Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations

                                                opportunity to comment pursuant to                      Captain of the Port. The safety zone will             be made via maritime advisories
                                                authority under section 4(a) of the                     include all waters within the boundaries              allowing mariners to alter their plans
                                                Administrative Procedure Act (APA) (5                   of Pea Patch Island Anchorage No. 5 and               accordingly.
                                                U.S.C. 553(b)). This provision                          all waters within a portion of Reedy
                                                                                                                                                              B. Impact on Small Entities
                                                authorizes an agency to issue a rule                    Point South Anchorage No. 3 north of a
                                                without prior notice and opportunity to                 line drawn between positions 39°33′7.5″                  The Regulatory Flexibility Act of
                                                comment when the agency for good                        N., 75°33′2.0″ W. and 39°33′8.8″ N.,                  1980, 5 U.S.C. 601–612, as amended,
                                                cause finds that those procedures are                   75°32′31.8″ W., as charted on NOAA                    requires Federal agencies to consider
                                                ‘‘impracticable, unnecessary, or contrary               chart 12311. The waters of the                        the potential impact of regulations on
                                                to the public interest.’’ Under 5 U.S.C.                anchorages are described in 33 CFR                    small entities during rulemaking. The
                                                553(b)(B), the Coast Guard finds that                   110.157. Entry into, transiting, or                   term ‘‘small entities’’ comprises small
                                                good cause exists for not publishing a                  anchoring within the safety zone is                   businesses, not-for-profit organizations
                                                notice of proposed rulemaking (NPRM)                    prohibited unless vessels obtain                      that are independently owned and
                                                with respect to this rule because it is                 permission from the Captain of the Port               operated and are not dominant in their
                                                impractical given that the final details                (COTP) or make satisfactory passing                   fields, and governmental jurisdictions
                                                for the dredging operation were not                     arrangements with the dredge ESSEX                    with populations of less than 50,000.
                                                received until November 12, 2015.                       per this rule and the Rules of the Road               The Coast Guard certifies under 5 U.S.C.
                                                Vessels attempting to enter the waters of               (33 CFR chapter I, subchapter E).                     605(b) that this rule will not have a
                                                either Pea Patch Island Anchorage No.                      The Captain of the Port will terminate             significant economic impact on a
                                                5 or the upper portion of Reedy Point                   the safety zone once all submerged                    substantial number of small entities.
                                                South Anchorage No. 3 during pipe-                      pipeline has been recovered and                          While some owners or operators of
                                                laying or dredging operations may be at                 dredging operations are complete.                     vessels intending to transit the safety
                                                risk. Delaying this rule to wait for a                  Notice of the implementation and the                  zone may be small entities, for the
                                                notice and comment period to run                        termination of the safety zone will be                reasons stated in section V.A above, this
                                                would be contrary to the public interest                made per 33 CFR 165.7.                                rule will not have a significant
                                                as it would inhibit the Coast Guard’s                   V. Regulatory Analyses                                economic impact on any vessel owner
                                                ability to protect the public from the                                                                        or operator.
                                                hazards associated with pipe-laying and                   We developed this rule after                           Under section 213(a) of the Small
                                                dredging operations. We are issuing this                considering numerous statutes and                     Business Regulatory Enforcement
                                                rule, and, under 5 U.S.C. 553(d)(3), the                executive orders (E.O.s) related to                   Fairness Act of 1996 (Pub. L. 104–121),
                                                Coast Guard finds that good cause exists                rulemaking. Below we summarize our                    we want to assist small entities in
                                                for making it effective less than 30 days               analyses based on a number of these                   understanding this rule. If the rule
                                                after publication in the Federal Register               statutes and E.O.s, and we discuss First              would affect your small business,
                                                because allowing this dredging and pipe                 Amendment rights of protestors.                       organization, or governmental
                                                laying operation to go forward without                  A. Regulatory Planning and Review                     jurisdiction and you have questions
                                                a safety zone in place would expose                                                                           concerning its provisions or options for
                                                mariners and the public to unnecessary                     E.O.s 12866 and 13563 direct agencies              compliance, please contact the person
                                                dangers.                                                to assess the costs and benefits of                   listed in the FOR FURTHER INFORMATION
                                                                                                        available regulatory alternatives and, if             CONTACT section.
                                                III. Legal Authority and Need for Rule                  regulation is necessary, to select                       Small businesses may send comments
                                                   The Coast Guard is issuing this rule                 regulatory approaches that maximize                   on the actions of Federal employees
                                                under authority in 33 U.S.C. 1231; 33                   net benefits. E.O. 13563 emphasizes the               who enforce, or otherwise determine
                                                CFR 1.05–1 and 160.5; and Department                    importance of quantifying both costs                  compliance with, Federal regulations to
                                                of Homeland Security Delegation No.                     and benefits, of reducing costs, of                   the Small Business and Agriculture
                                                0170.1. The Captain of the Port,                        harmonizing rules, and of promoting                   Regulatory Enforcement Ombudsman
                                                Delaware Bay, has determined that                       flexibility. This rule has not been                   and the Regional Small Business
                                                potential hazards associated with                       designated a ‘‘significant regulatory                 Regulatory Fairness Boards. The
                                                dredging and pipe laying operations                     action,’’ under E.O. 12866. Accordingly,              Ombudsman evaluates these actions
                                                starting November 20, 2015, will be a                   it has not been reviewed by the Office                annually and rates each agency’s
                                                safety concern for anyone attempting to                 of Management and Budget.                             responsiveness to small business. If you
                                                transit in the Delaware River, along New                   This regulatory action determination               wish to comment on actions by
                                                Castle Range, in the vicinity of Pea                    is based on the size, location, and                   employees of the Coast Guard, call 1–
                                                Patch Island Anchorage No. 5, the upper                 duration of the safety zone. Although                 888–REG–FAIR (1–888–734–3247). The
                                                portion of Reedy Point South Anchorage                  this regulation will restrict access to the           Coast Guard will not retaliate against
                                                No. 3, and near the entrance to the C &                 regulated area, the effect of this rule will          small entities that question or complain
                                                D Canal. This rule is needed to protect                 not be significant because Pea Patch                  about this rule or any policy or action
                                                personnel, vessels, and the marine                      Island Anchorage No. 5 and Reedy Point                of the Coast Guard.
                                                environment in the navigable waters                     Anchorage No. 3 are not frequently used
                                                within the safety zone while dredging is                anchorages for vessels in the Delaware                C. Collection of Information
                                                being conducted.                                        River, especially during the period of                  This rule will not call for a new
                                                                                                        the closure, and there are a number of                collection of information under the
                                                IV. Discussion of the Rule                              alternate anchorages available for                    Paperwork Reduction Act of 1995 (44
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                                                   The Coast Guard Captain of the Port                  vessels to anchor. Furthermore, vessels               U.S.C. 3501–3520).
                                                is temporarily establishing a safety zone               may be permitted to transit through the
                                                on the waters of Pea Patch Island                       safety zone with the permission of the                D. Federalism and Indian Tribal
                                                Anchorage No. 5 and the upper portion                   Captain of the Port or upon making                    Governments
                                                of Reedy Point South Anchorage No. 3                    satisfactory passing arrangements with                   A rule has implications for federalism
                                                from November 20, 2015 to December                      the dredge. Extensive notification of the             under E.O. 13132, Federalism, if it has
                                                31, 2015, unless cancelled earlier by the               safety zone to the maritime public will               a substantial direct effect on the States,


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                                                                 Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations                                            73117

                                                on the relationship between the national                comments or information that may lead                    (1) Entry into, transiting, or anchoring
                                                government and the States, or on the                    to the discovery of a significant                     within the safety zone is prohibited
                                                distribution of power and                               environmental impact from this rule.                  unless vessels obtain permission from
                                                responsibilities among the various                                                                            the Captain of the Port (COTP) or make
                                                                                                        G. Protest Activities
                                                levels of government. We have analyzed                                                                        satisfactory passing arrangements, via
                                                this rule under that Order and have                       The Coast Guard respects the First                  VHF–FM channel 16, with the dredge
                                                determined that it is consistent with the               Amendment rights of protesters.                       ESSEX per this rule and the Rules of the
                                                fundamental federalism principles and                   Protesters are asked to contact the                   Road (33 CFR chapter I, subchapter E).
                                                preemption requirements described in                    person listed in the FOR FURTHER                         (2) To seek permission to transit the
                                                E.O. 13132.                                             INFORMATION CONTACT section to                        safety zone, the Captain of the Port’s
                                                  Also, this rule does not have tribal                  coordinate protest activities so that your            representative can be contact via VHF–
                                                implications under E.O. 13175,                          message can be received without                       FM channel 16.
                                                Consultation and Coordination with                      jeopardizing the safety or security of                   (3) Vessels granted permission to
                                                Indian Tribal Governments, because it                   people, places or vessels.                            transit the safety zone must do so in
                                                does not have a substantial direct effect                                                                     accordance with the directions provided
                                                on one or more Indian tribes, on the                    List of Subjects in 33 CFR Part 165                   by the Captain of the Port or his
                                                relationship between the Federal                          Harbors, Marine safety, Navigation                  designated representative.
                                                Government and Indian tribes, or on the                 (water), Reporting and recordkeeping                     (4) No person or vessel may enter or
                                                distribution of power and                               requirements, Security measures,                      remain in a safety zone without
                                                responsibilities between the Federal                    Waterways.                                            permission from the Captain of the Port;
                                                Government and Indian tribes. If you                                                                             (5) Each person and vessel in a safety
                                                                                                          For the reasons discussed in the                    zone shall obey any direction or order
                                                believe this rule has implications for
                                                                                                        preamble, the Coast Guard amends 33                   of the Captain of the Port or his
                                                federalism or Indian tribes, please
                                                                                                        CFR part 165 as follows:                              designated representative.
                                                contact the person listed in the FOR
                                                FURTHER INFORMATION CONTACT section                                                                              (6) At least one side of the main
                                                                                                        PART 165—REGULATED NAVIGATION
                                                above.                                                                                                        navigational channel will be clear for
                                                                                                        AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                              safe passage of vessels in the vicinity of
                                                E. Unfunded Mandates Reform Act                                                                               the safety zone. At no time will the
                                                                                                        ■ 1. The authority citation for part 165
                                                  The Unfunded Mandates Reform Act                      continues to read as follows:                         main navigational channel be closed for
                                                of 1995 (2 U.S.C. 1531–1538) requires                                                                         vessel traffic. Vessels are advised to
                                                Federal agencies to assess the effects of                 Authority: 33 U.S.C 1231; 50 U.S.C. 191;            ensure safety passage by contacting the
                                                                                                        33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                their discretionary regulatory actions. In                                                                    dredge ESSEX on VHF–FM channel 16
                                                                                                        Department of Homeland Security Delegation
                                                particular, the Act addresses actions                   No. 0170.1.                                           one hour prior to arrival.
                                                that may result in the expenditure by a                                                                          (7) This section applies to all vessels
                                                State, local, or tribal government, in the              ■ 2. Add temporary § 165.T05–1032, to                 wishing to transit through the safety
                                                aggregate, or by the private sector of                  read as follows:                                      zone except vessels that are engaged in
                                                $100,000,000 (adjusted for inflation) or                                                                      the following operations: enforcing
                                                                                                        § 165.T05–1032 Safety Zone, Delaware
                                                more in any one year. Though this rule                  River; New Castle, DE
                                                                                                                                                              laws; servicing aids to navigation, and
                                                will not result in such an expenditure,                                                                       emergency response vessels.
                                                we do discuss the effects of this rule                    (a) Location: The safety zone will                     (d) Enforcement officials. The U.S.
                                                elsewhere in this preamble.                             include all waters within the boundaries              Coast Guard may be assisted by Federal,
                                                                                                        of Pea Patch Island Anchorage No. 5 (as               State, and local agencies in the patrol
                                                F. Environment                                          defined in 33 CFR 110.157(a)(6)) and all              and enforcement of the zone.
                                                  We have analyzed this rule under                      waters within a portion of Reedy Point                   (e) Enforcement period. This rule will
                                                Department of Homeland Security                         South Anchorage No. 3 (as defined in 33               be enforced from November 20, 2015, to
                                                Management Directive 023–01 and                         CFR 110.157(a)(4)) north of a line drawn              December 31, 2015, unless cancelled
                                                Commandant Instruction M16475.lD,                       between positions 39°33′7.5″ N,                       earlier by the Captain of the Port.
                                                which guide the Coast Guard in                          75°33′2.0″ W and 39°33′8.8″ N,
                                                                                                                                                                Dated: November 18, 2015.
                                                complying with the National                             75°32′31.8″ W, as charted on NOAA
                                                                                                                                                              B.A. Cooper,
                                                Environmental Policy Act of 1969(42                     chart 12311. These coordinates are
                                                                                                        based upon North American Datum 83                    Captain, U.S. Coast Guard, Captain of the
                                                U.S.C. 4321–4370f), and have                                                                                  Port Delaware Bay.
                                                determined that this action is one of a                 (NAD 83).
                                                                                                                                                              [FR Doc. 2015–29835 Filed 11–23–15; 8:45 am]
                                                category of actions that do not                           (b) Definitions.—(1) The Captain of
                                                                                                                                                              BILLING CODE 9110–04–P
                                                individually or cumulatively have a                     the Port means the Commander of
                                                significant effect on the human                         Sector Delaware Bay or any Coast Guard
                                                environment. This rule involves a safety                commissioned, warrant, or petty officer
                                                zone in force from November 20, 2015                    who has been authorized by the Captain                LIBRARY OF CONGRESS
                                                to December 31, 2015, that prohibits                    of the Port to act on his behalf.
                                                                                                                                                              Copyright Royalty Board
                                                entry of vessels in Pea Patch Island                      (2) Designated representative means
                                                Anchorage No. 5 and the upper portion                   any Coast Guard commissioned, warrant                 37 CFR Part 381
                                                of Reed Point Anchorage No. 3. It is                    or petty officer who has been authorized
                                                categorically excluded from further                     by the Captain of the Port, Delaware                  [Docket No. 15–CRB–0013–NCEBR–COLA
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                                                review under paragraph 34(g) of Figure                  Bay, to assist in enforcing the safety                (2016)]
                                                2–1 of the Commandant Instruction. An                   zone described in paragraph (a) of this
                                                                                                                                                              Cost of Living Adjustment for
                                                environmental analysis checklist                        section.
                                                                                                                                                              Performance of Musical Compositions
                                                supporting this determination and a                       (c) Regulations: The general safety
                                                                                                                                                              by Colleges and Universities
                                                Categorical Exclusion Determination are                 zone regulations found in 33 CFR part
                                                available in the docket where indicated                 165 subpart C apply to the safety zone                AGENCY:  Copyright Royalty Board,
                                                under ADDRESSES. We seek any                            created by this section.                              Library of Congress.


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Document Created: 2015-12-14 14:08:47
Document Modified: 2015-12-14 14:08:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from November 24, 2015 through December 31, 2015. For purposes of enforcement, actual notice will be used from November 20, 2015 through November 24, 2015.
ContactIf you have questions on this rule, call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 271-4851, email [email protected]
FR Citation80 FR 73115 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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