80 FR 77573 - Safety Zone, Delaware River; Marcus Hook, PA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 240 (December 15, 2015)
Coast Guard
Federal Register Volume 80, Issue 240 (December 15, 2015)
| Page Range | 77573-77575 | |
| FR Document | 2015-31488 |
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)] [Rules and Regulations] [Pages 77573-77575] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31488] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0998] RIN1625-AA00 Safety Zone, Delaware River; Marcus Hook, PA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone on the waters of the Delaware River in the vicinity of Marcus Hook, Pennsylvania. The safety zone will temporarily restrict vessel traffic from transiting or anchoring in a portion of the Delaware River while rock blasting, dredging, and rock removal operations are being conducted to facilitate the Delaware River Main Channel Deepening project for the main navigational channel of the Delaware River. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by rock blasting, dredging, and rock removal operations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Delaware Bay, or his designated representatives. DATES: This rule is effective without actual notice from December 15, 2015 through March 15, 2016. For the purposes of enforcement, actual notice will be used from December 4, 2015 through December 15, 2015. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2015-0998 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, Sector Delaware Bay, Chief Waterways Management Division, U.S. Coast Guard; telephone (215) 271- 4850, 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 NPRM Notice of proposed rulemaking Pub. L. Public Law Sec. Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency, for good cause, finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impractical due to environmental restrictions which require all blasting operations to be conducted between December 15, 2015 to March 15, 2016. Furthermore, the final details of the rock blasting, dredging, and rock removal operation were not received until October 28, 2015. Due to the criticality of this phase of the Delaware River Main Channel Deepening project, immediate action is needed to accommodate operations while also ensuring vessels can safely transit through Marcus Hook Range in Delaware River during this time. Going forward without establishing a safety zone would expose mariners and the public to unnecessary dangers associated with rock blasting, dredging, and rock removal operations. For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register. 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 rock blasting, dredging, and rock removal operations starting December 04, 2015 will be a safety concern for anyone within 500 yards of rock blasting, dredging, and rock removal operations. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the operational area. IV. Discussion of the Rule This rule establishes a safety zone from December 15, 2004 until March 15, 2016. The safety zone will cover all navigable waters in the Delaware River within 500 yards of vessels and machinery being used by personnel to conduct rock blasting, dredging, and rock removal. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while operations are being conducted. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port, Delaware Bay, or his designated representative. For the duration of the project, in the vicinity of the rock blasting, rock removal, and dredging operation, one side of the main navigational channel will be closed. Vessels wishing to transit the safety zone in the main navigational channel may do so if they can make satisfactory passing arrangements with drill boat APACHE or the dredge TEXAS in accordance with the Navigational Rules in 33 CFR Subchapter E via VHF-FM Channel 13 at least 30 minutes prior to arrival. If vessels are unable to make satisfactory passing arrangements with the drill boat APACHE or the dredge TEXAS, they may request permission from the Captain of the Port, or his designated representative, on VHF-FM channel 16. All vessels must operate at the minimum safe speed necessary to maintain steerage and reduce wake. No vessels may transit through the safety zone during times of explosives detonation. During rock blasting detonation vessels will be required to maintain a 500 yard distance from the drill boat APACHE. The drill boat APACHE will make broadcasts, via VHF-FM Channel 13 and 16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well as a countdown to detonation on VHF-FM Channel 16. Sector Delaware Bay will ensure significant notice will be given to the maritime community of dates and times of blasting via broadcast notice to mariners on VHF- FM Channel 16. After every explosive detonation a survey will be conducted to ensure the navigational channel is clear for vessels to transit. The drill boat APACHE will broadcast, via VHF-FM channel 13 and 16, when the survey has been completed and the channel is clear to transit. Vessels requesting to transit through the safety zone shall proceed as directed by the designated representative of the Captain [[Page 77574]] of the Port, and shall contact the drill boat APACHE and the dredge TEXAS on VHF-FM channel 13 for safe passing information. 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, duration, and traffic management of the safety zone. The Coast Guard does not anticipate any significant economic impact because the safety zone will be enforced in an area and in a manner that does not conflict with transiting commercial and recreational traffic, except for the short periods of time when explosive detonation evolutions are being conducted. The blasting detonations will not occur more than three times a day. At all other times, at least one side of the main navigational channel will be open for vessels to transit. Moreover, the Coast Guard will work in coordination with the pilots to ensure vessel traffic is limited during the times of detonation and Broadcast Notice to Mariners are made via VHF-FM marine channel 13 and 16 when blasting operations will occur. 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 anchor in or 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, 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 December 04, 2015, to March 15, 2016 that prohibits entry within 500 yards of vessels and machinery being used by personnel conducting rock blasting, dredging, and rock removal operations in the Delaware River near Marcus Hook, PA between the southern end of Marcus Hook Anchorage to the western end of Little Tinicum Island, at the entrance to Darby Creek. 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. [[Page 77575]] List of Subjects 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 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.T05-0998, to read as follows: Sec. 165.T05-0998 Safety Zone, Delaware River; Marcus Hook, PA. (a) Location. The following area is a safety zone: all the waters of the Delaware River within 500 yards of the dredge performing rock blasting, rock removal, and dredging operations, in the vicinity of Marcus Hook, PA between the southern end of Marcus Hook Anchorage to the western end of Little Tinicum Island, at the entrance to Darby Creek. (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) All persons and vessels are prohibited from entering this zone, except as authorized by the Captain of the Port, or his designated representative. (2) Vessels wishing to transit the safety zone in the main navigational channel may do so if they can make satisfactory passing arrangements with the drill boat APACHE or the dredge TEXAS in accordance with the Navigational Rules in 33 CFR Subchapter E via VHF- FM Channel 13 at least 30 minutes prior to arrival. If vessels are unable to make satisfactory passing arrangements with the drill boat APACHE or the dredge TEXAS, they may request permission from the Captain of the Port, or his designated representative, on VHF-FM channel 16. (3) The operator of any vessel requesting to transit through the safety zone shall proceed as directed by the designated representative of the Captain of the Port and must operate at the minimum safe speed necessary to maintain steerage and reduce wake. (4) No vessels may transit through the safety zone during times of explosives detonation. During rock blasting detonation vessels will be required to maintain a 500 yard distance from the drill boat APACHE. The drill boat APACHE will make broadcasts, via VHF-FM Channel 13 and 16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well as a countdown to detonation on VHF-FM Channel 16. (5) After every explosive detonation a survey will be conducted to ensure the navigational channel is clear for vessels to transit. The drill boat APACHE will broadcast, via VHF-FM channel 13 and 16, when the survey has been completed and the channel is clear to transit. Vessels requesting to transit through the safety zone shall proceed as directed by the designated representative of the Captain of the Port and contact the drill boat APACHE on VHF-FM channel 13 to make safe passing arrangements. (6) This section applies to all vessels wishing to transit through the safety zone except vessels that are engaged in the following operations: (i) Enforcing laws; (ii) Servicing aids to navigation; and (iii) Emergency response vessels. (7) No person or vessel may enter or remain in a safety zone without the permission of the Captain of the Port; (8) Each person and vessel in a safety zone shall obey any direction or order of the Captain of the Port; (9) No person may board, or take or place any article or thing on board, any vessel in a safety zone without the permission of the Captain of the Port; and (10) No person may take or place any article or thing upon any waterfront facility in a safety zone without the permission of the Captain of the Port. (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 December 04, 2015, to March 15, 2016, unless cancelled earlier by the Captain of the Port. Dated: December 9, 2015. Benjamin A. Cooper Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2015-31488 Filed 12-14-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations 77573
Dated: December 9, 2015. I. Table of Abbreviations vessels, and the marine environment in
Benjamin A. Cooper, CFR Code of Federal Regulations
the navigable waters within the
Captain, U.S. Coast Guard, Captain of the DHS Department of Homeland Security operational area.
Port Delaware Bay. E.O. Executive order IV. Discussion of the Rule
[FR Doc. 2015–31489 Filed 12–14–15; 8:45 am] FR Federal Register
BILLING CODE 9110–04–P NPRM Notice of proposed rulemaking This rule establishes a safety zone
Pub. L. Public Law from December 15, 2004 until March 15,
§ Section 2016. The safety zone will cover all
DEPARTMENT OF HOMELAND U.S.C. United States Code navigable waters in the Delaware River
SECURITY II. Background Information and within 500 yards of vessels and
Regulatory History machinery being used by personnel to
Coast Guard conduct rock blasting, dredging, and
The Coast Guard is issuing this rock removal. The duration of the zone
33 CFR Part 165 temporary rule without prior notice and is intended to protect personnel,
opportunity to comment pursuant to vessels, and the marine environment in
[Docket Number USCG–2015–0998] authority under section 4(a) of the these navigable waters while operations
Administrative Procedure Act (APA) (5 are being conducted. Entry into,
RIN1625–AA00 U.S.C. 553(b)). This provision transiting, or anchoring within the
Safety Zone, Delaware River; Marcus authorizes an agency to issue a rule safety zone is prohibited unless
Hook, PA without prior notice and opportunity to authorized by the Captain of the Port,
comment when the agency, for good Delaware Bay, or his designated
AGENCY: Coast Guard, DHS. cause, finds that those procedures are representative. For the duration of the
ACTION: Temporary final rule. ‘‘impracticable, unnecessary, or contrary project, in the vicinity of the rock
to the public interest.’’ Under 5 U.S.C. blasting, rock removal, and dredging
SUMMARY: The Coast Guard is 553(b)(B), the Coast Guard finds that operation, one side of the main
establishing a temporary safety zone on good cause exists for not publishing a navigational channel will be closed.
the waters of the Delaware River in the notice of proposed rulemaking (NPRM) Vessels wishing to transit the safety
vicinity of Marcus Hook, Pennsylvania. with respect to this rule because doing zone in the main navigational channel
The safety zone will temporarily restrict so would be impractical due to may do so if they can make satisfactory
vessel traffic from transiting or environmental restrictions which passing arrangements with drill boat
anchoring in a portion of the Delaware require all blasting operations to be APACHE or the dredge TEXAS in
River while rock blasting, dredging, and conducted between December 15, 2015 accordance with the Navigational Rules
rock removal operations are being to March 15, 2016. Furthermore, the in 33 CFR Subchapter E via VHF–FM
conducted to facilitate the Delaware final details of the rock blasting, Channel 13 at least 30 minutes prior to
River Main Channel Deepening project dredging, and rock removal operation arrival. If vessels are unable to make
for the main navigational channel of the were not received until October 28, satisfactory passing arrangements with
Delaware River. The safety zone is 2015. Due to the criticality of this phase the drill boat APACHE or the dredge
needed to protect personnel, vessels, of the Delaware River Main Channel TEXAS, they may request permission
and the marine environment from Deepening project, immediate action is from the Captain of the Port, or his
potential hazards created by rock needed to accommodate operations designated representative, on VHF–FM
blasting, dredging, and rock removal while also ensuring vessels can safely channel 16. All vessels must operate at
operations. Entry of vessels or persons transit through Marcus Hook Range in the minimum safe speed necessary to
into this zone is prohibited unless Delaware River during this time. Going maintain steerage and reduce wake.
specifically authorized by the Captain of forward without establishing a safety No vessels may transit through the
the Port, Delaware Bay, or his zone would expose mariners and the safety zone during times of explosives
designated representatives. public to unnecessary dangers detonation. During rock blasting
DATES: This rule is effective without associated with rock blasting, dredging, detonation vessels will be required to
actual notice from December 15, 2015 and rock removal operations. maintain a 500 yard distance from the
through March 15, 2016. For the For similar reasons, under 5 U.S.C. drill boat APACHE. The drill boat
purposes of enforcement, actual notice 553(d)(3), the Coast Guard finds that APACHE will make broadcasts, via
will be used from December 4, 2015 good cause exists for making this VHF–FM Channel 13 and 16, at 15
through December 15, 2015. temporary rule effective less than 30 minutes, 5 minutes, and 1 minute prior
days after publication in the Federal to detonation, as well as a countdown
ADDRESSES: To view documents
Register. to detonation on VHF–FM Channel 16.
mentioned in this preamble as being Sector Delaware Bay will ensure
available in the docket, go to http:// III. Legal Authority and Need for Rule significant notice will be given to the
www.regulations.gov, type USCG–2015– The Coast Guard is issuing this rule maritime community of dates and times
0998 in the ‘‘SEARCH’’ box and click under authority in 33 U.S.C. 1231; 33 of blasting via broadcast notice to
‘‘SEARCH.’’ Click on Open Docket CFR 1.05–1 and 160.5; and Department mariners on VHF–FM Channel 16. After
Folder on the line associated with this of Homeland Security Delegation No. every explosive detonation a survey will
rule. 0170.1. The Captain of the Port, be conducted to ensure the navigational
asabaliauskas on DSK5VPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT: If Delaware Bay, has determined that channel is clear for vessels to transit.
you have questions on this rule, call or potential hazards associated with rock The drill boat APACHE will broadcast,
email Lieutenant Brennan Dougherty, blasting, dredging, and rock removal via VHF–FM channel 13 and 16, when
Sector Delaware Bay, Chief Waterways operations starting December 04, 2015 the survey has been completed and the
Management Division, U.S. Coast will be a safety concern for anyone channel is clear to transit. Vessels
Guard; telephone (215) 271–4850, email within 500 yards of rock blasting, requesting to transit through the safety
Brennan.P.Dougherty@uscg.mil. dredging, and rock removal operations. zone shall proceed as directed by the
SUPPLEMENTARY INFORMATION: This rule is needed to protect personnel, designated representative of the Captain
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![Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Rules and Regulations 77575
List of Subjects 33 CFR Part 165 Captain of the Port, or his designated ENVIRONMENTAL PROTECTION
Harbors, Marine safety, Navigation representative, on VHF–FM channel 16. AGENCY
(3) The operator of any vessel
(water), Reporting and recordkeeping
requesting to transit through the safety 40 CFR Parts 1, 7, 24, 45, 241, 310, and
requirements, Security measures,
zone shall proceed as directed by the 761
Waterways.
designated representative of the Captain
For the reasons discussed in the of the Port and must operate at the [FRL 9936–38–OSWER]
preamble, the Coast Guard amends 33 minimum safe speed necessary to
CFR 165 as follows: maintain steerage and reduce wake. Name Change From the Office of Solid
(4) No vessels may transit through the Waste and Emergency Response
PART 165—REGULATED NAVIGATION safety zone during times of explosives
AREAS AND LIMITED ACCESS AREAS (OSWER) to the Office of Land and
detonation. During rock blasting Emergency Management (OLEM)
■ 1. The authority citation for part 165 detonation vessels will be required to
continues to read as follows: maintain a 500 yard distance from the AGENCY: Environmental Protection
drill boat APACHE. The drill boat Agency (EPA).
Authority: 33 U.S.C 1231; 50 U.S.C. 191; APACHE will make broadcasts, via
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; ACTION: Final rule.
VHF–FM Channel 13 and 16, at 15
Department of Homeland Security Delegation
minutes, 5 minutes, and 1 minute prior
No. 0170.1. SUMMARY: The Environmental Protection
to detonation, as well as a countdown
■ 2. Add temporary § 165.T05–0998, to to detonation on VHF–FM Channel 16. Agency (EPA or the Agency) is issuing
read as follows: (5) After every explosive detonation a this final rule to change the name of the
survey will be conducted to ensure the Office of Solid Waste and Emergency
§ 165.T05–0998 Safety Zone, Delaware
navigational channel is clear for vessels Response (OSWER) to the Office of Land
River; Marcus Hook, PA. and Emergency Management (OLEM).
to transit. The drill boat APACHE will
(a) Location. The following area is a broadcast, via VHF–FM channel 13 and This action is being taken to more
safety zone: all the waters of the 16, when the survey has been completed accurately reflect the nature of the work
Delaware River within 500 yards of the and the channel is clear to transit. that this office does to protect human
dredge performing rock blasting, rock Vessels requesting to transit through the health and the environment. In
removal, and dredging operations, in the safety zone shall proceed as directed by addition, technical corrections are made
vicinity of Marcus Hook, PA between the designated representative of the to more accurately state the laws
the southern end of Marcus Hook Captain of the Port and contact the drill implemented previously by OSWER
Anchorage to the western end of Little boat APACHE on VHF–FM channel 13 (now OLEM), and to reflect prior
Tinicum Island, at the entrance to Darby to make safe passing arrangements. organizational changes.
Creek. (6) This section applies to all vessels This rule is effective on
DATES:
(b) Definitions. (1) The Captain of the wishing to transit through the safety December 15, 2015.
Port means the Commander of Sector zone except vessels that are engaged in
Delaware Bay or any Coast Guard the following operations: FOR FURTHER INFORMATION CONTACT:
commissioned, warrant, or petty officer (i) Enforcing laws; Patricia Derkasch, EPA, Office of Land
who has been authorized by the Captain (ii) Servicing aids to navigation; and and Emergency Management (OLEM),
of the Port to act on his behalf. (iii) Emergency response vessels. Office of Program Management (OPM),
(2) Designated representative means (7) No person or vessel may enter or Mail Code: 5103T; telephone
any Coast Guard commissioned, warrant remain in a safety zone without the 202.566.2949; email address
or petty officer who has been authorized permission of the Captain of the Port; derkasch.patricia@epa.gov; or Gerain
by the Captain of the Port, Delaware (8) Each person and vessel in a safety Cogliano, EPA, Office of Land and
Bay, to assist in enforcing the safety zone shall obey any direction or order Emergency Management (OLEM), Office
zone described in paragraph (a) of this of the Captain of the Port; of Program Management (OPM), Mail
section. (9) No person may board, or take or Code: 5103T; telephone 202.566.1929;
(c) Regulations. The general safety place any article or thing on board, any email address cogliano.gerain@epa.gov.
zone regulations found in 33 CFR part vessel in a safety zone without the
permission of the Captain of the Port; SUPPLEMENTARY INFORMATION:
165 subpart C apply to the safety zone
created by this section. and I. General Information
(1) All persons and vessels are (10) No person may take or place any
article or thing upon any waterfront A. Does this action apply to me?
prohibited from entering this zone,
except as authorized by the Captain of facility in a safety zone without the This action provides notice directed
the Port, or his designated permission of the Captain of the Port. to the public in general and has
(d) Enforcement officials. The U.S. particular applicability to anyone who
representative.
(2) Vessels wishing to transit the Coast Guard may be assisted by Federal, wants to communicate with the new
safety zone in the main navigational State, and local agencies in the patrol Office of Land and Emergency
channel may do so if they can make and enforcement of the zone. Management, or to submit information
(e) Enforcement period. This rule will
satisfactory passing arrangements with to the Office. Since this action
be enforced from December 04, 2015, to
the drill boat APACHE or the dredge predominantly affects the internal
March 15, 2016, unless cancelled earlier
asabaliauskas on DSK5VPTVN1PROD with RULES
TEXAS in accordance with the organization of the EPA, the Agency has
by the Captain of the Port.
Navigational Rules in 33 CFR not attempted to describe all the specific
Subchapter E via VHF–FM Channel 13 Dated: December 9, 2015. entities that may be interested in this
at least 30 minutes prior to arrival. If Benjamin A. Cooper action. If you have any questions
vessels are unable to make satisfactory Captain, U.S. Coast Guard, Captain of the regarding the applicability of this action
passing arrangements with the drill boat Port Delaware Bay. to a particular entity, consult the person
APACHE or the dredge TEXAS, they [FR Doc. 2015–31488 Filed 12–14–15; 8:45 am] listed under FOR FURTHER INFORMATION
may request permission from the BILLING CODE 9110–04–P CONTACT.
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Document Created: 2018-03-02 09:15:39
Document Modified: 2018-03-02 09:15:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective without actual notice from December 15, 2015 through March 15, 2016. For the purposes of enforcement, actual notice will be used from December 4, 2015 through December 15, 2015. | |
| Contact | If you have questions on this rule, call or email Lieutenant Brennan Dougherty, Sector Delaware Bay, Chief Waterways Management Division, U.S. Coast Guard; telephone (215) 271- 4850, email [email protected] | |
| FR Citation | 80 FR 77573 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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