81 FR 59945 - Safety Zone; Blasting, Delaware River
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 169 (August 31, 2016)
Coast Guard
Federal Register Volume 81, Issue 169 (August 31, 2016)
| Page Range | 59945-59947 | |
| FR Document | 2016-20868 |
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)] [Proposed Rules] [Pages 59945-59947] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20868] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0715] RIN 1625-AA00 Safety Zone; Blasting, Delaware River AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish a temporary safety zone on the waters of the Tinicum Range, Eddystone Range, Chester Range, and Marcus Hook Range, in the Delaware River from December 1, 2016 to March 15, 2016. The safety zone would 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. This action is needed to protect personnel, vessels, and the marine environment from potential hazards created by rock blasting, dredging, and rock removal operations. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before September 30, 2016. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0715 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this rulemaking, call or email MST1 Thomas Simkins, Sector Delaware Bay Waterways Management Division, U.S. Coast Guard; telephone 215-271- 4889, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code COTP Captain of the Port II. Background, Purpose, and Legal Basis The Army Corps of Engineers (ACOE) is sponsoring a project, termed ``The Deepening,'' in which dredging operations are taking place in the Delaware River and Bay navigational channel deepening the channel to 45 feet. The project goal is to maintain a minimum depth of 45 feet to accommodate larger vessel traffic entering the Sector Delaware Bay Zone. The upcoming portion of the project requires the deepening of the Delaware River from Tiniucm Range, south, through Marcus Hook Rang, in which the topography consist of mostly rock bottom. To satisfy the minimum project depth of 45 feet the ACOE has hired Great Lakes Dredging Company to perform rock blasting operations, dredging, and removal of rock in Tinicum Range, Eddystone Range, Chester Range, and Marcus Hook Range, in the Delaware River from December 1, 2016, to March 15, 2017. The Captain of the Port, Delaware Bay, has determined that potential hazards associated with rock blasting, dredging, and rock removal operations, will be a safety concern for anyone within 500 yards of rock blasting, dredging, and rock removal operations. This proposed rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the operational area. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within a 500-yard radius of rock blasting, dredging, and rock removal operations. The Coast Guard proposes this rulemaking 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. III. Discussion of Proposed Rule This proposed rule would establish a safety zone from December 1, 2016, through March 15, 2017. The safety zone would 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. 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 due to the drill boat APACHE being unable to relocate for vessel traffic while conducting rock blasting and removal operations. Additionally there is a potential for blasted rock to be within the navigational channel causing a navigational safety hazard for vessels transiting the safety zone. 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, dredge TEXAS, or dredge NEW YORK 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, dredge TEXAS, or dredge NEW YORK 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 would be required to maintain a 500 yard distance from the drill boat APACHE. The drill boat APACHE will make broadcasts, via VHF-FM channels 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. The drill boat APACHE will also raise a red flag signifying when a detonation is occurring. The 500 yard radius will be secured by a contracted security vessel on either side of the blast area. Security vessels will ensure the blasting area is clear prior to explosive detonation. Sector Delaware Bay will ensure significant notice is 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 channels 13 and 16, when the survey has been completed [[Page 59946]] and the channel is clear to transit. Vessels granted permission to transit through the safety zone must proceed as directed by the designated representative of the Captain of the Port, and must contact the drill boat APACHE, dredge TEXAS, or dredge NEW YORK on VHF-FM channel 13 to make satisfactory passing arrangements. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 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 would 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 would 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 channels 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 proposed rule would 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 IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this proposed rule would economically affect it. 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 proposed 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. 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 proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed 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 proposed rule involves a safety zone in force from December 1, 2016, through March 15, 2017, that prohibits entry within 500 yards of vessels and machinery being used by personnel conducting rock blasting, dredging, and rock removal operations within Tinicum Range, Eddystone Range, Chester Range, and Marcus Hook Range. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction M16475.1D. 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 proposed 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 [[Page 59947]] message can be received without jeopardizing the safety or security of people, places or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 proposes to amend 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.T05-0715 under the undesignated center heading Fifth Coast Guard District to read as follows: Sec. 165.T05-0715 Safety Zone; Blasting, Delaware River. (a) Regulated area. The following area is a safety zone: all the waters of the Delaware River within 500 yards of the drill boat or dredges performing rock blasting, rock removal, and dredging operations, in the Delaware River between the southern end of Marcus Hook Range to the eastern end of Tinicum Range. (b) Regulations. The general safety zone regulations in Sec. 165.23 apply to the safety zone created by this temporary section, Sec. 165.T05-0715. (1) All vessels and persons are prohibited from entering into or moving within the safety zone unless authorized by the Captain of the Port, Delaware Bay, or by his designated representative. (2) Vessels wishing to transit the safety zone, described in paragraph (a) of this section, in the main navigational channel, may do so if they can make satisfactory passing arrangements with the drill boat APACHE, dredge TEXAS, or dredge NEW YORK 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, dredge TEXAS, or dredge NEW YORK, they may request permission from the Captain of the Port, or his designated representative, on VHF-FM channel 16. (3) No vessels may transit through the safety zone during times of explosives detonation. During rock blasting detonation, vessels are required to maintain a 500 yard distance from the drill boat APACHE. The drill boat APACHE will make broadcasts, via VHF-FM channels 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. The drill boat APACHE will also raise a red flag signifying when a detonation is occurring. The 500 yard radius will be secured by contracted security vessel on either side of the blast area. Security vessel will ensure the blasting area is clear prior to explosive detonation. Sector Delaware Bay will ensure significant notice is given to the maritime community of dates and times of blasting via broadcast notice to mariners on VHF-FM channel 16. (4) 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 channels 13 and 16, when the survey has been completed and the channel is clear to transit. Vessels granted permission to transit through the safety zone must 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 satisfactory passing arrangements in accordance with the navigational rules in 33 CFR subchapter E. (5) This section applies to all vessels except vessels that are engaged in the following operations: enforcing laws; servicing aids to navigation, and emergency response vessels. (c) Definitions. As used in this section: Captain of the Port Delaware Bay means the Commander, U.S. Coast Guard Sector Delaware Bay, Philadelphia, PA. 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. (d) Enforcement. The U.S. Coast Guard may be assisted by Federal, State and local agencies in the patrol and enforcement of the zone. (e) Enforcement period. This section will be effective from December 1, 2016, through March 15, 2017. Dated: August 23, 2016. Benjamin A. Cooper, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2016-20868 Filed 8-30-16; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Proposed Rules 59945
(ii) Exemption. The TRICARE IRF PPS rulemaking, call or email MST1 Thomas in the Delaware River within 500 yards
methodology under this paragraph does Simkins, Sector Delaware Bay of vessels and machinery being used by
not apply to hospitals in States that are Waterways Management Division, U.S. personnel to conduct rock blasting,
reimbursed by Medicare and TRICARE Coast Guard; telephone 215–271–4889, dredging, and rock removal. The
under a waiver that exempts them from email Tom.J.Simkins@uscg.mil. duration of the zone is intended to
Medicare’s inpatient prospective SUPPLEMENTARY INFORMATION: protect personnel, vessels, and the
payment system or the TRICARE DRG- marine environment in these navigable
based payment system, respectively. I. Table of Abbreviations waters while operations are being
* * * * * CFR Code of Federal Regulations conducted.
DHS Department of Homeland Security For the duration of the project, in the
Dated: August 24, 2016. FR Federal Register vicinity of the rock blasting, rock
Aaron Siegel, NPRM Notice of proposed rulemaking removal, and dredging operation, one
Alternate OSD Federal Register Liaison § Section side of the main navigational channel
Officer, Department of Defense. U.S.C. United States Code will be closed due to the drill boat
[FR Doc. 2016–20660 Filed 8–30–16; 8:45 am] COTP Captain of the Port APACHE being unable to relocate for
BILLING CODE 5001–06–P II. Background, Purpose, and Legal vessel traffic while conducting rock
Basis blasting and removal operations.
Additionally there is a potential for
The Army Corps of Engineers (ACOE) blasted rock to be within the
DEPARTMENT OF HOMELAND
is sponsoring a project, termed ‘‘The navigational channel causing a
SECURITY
Deepening,’’ in which dredging navigational safety hazard for vessels
Coast Guard operations are taking place in the transiting the safety zone. Vessels
Delaware River and Bay navigational wishing to transit the safety zone in the
33 CFR Part 165 channel deepening the channel to 45 main navigational channel may do so if
feet. The project goal is to maintain a they can make satisfactory passing
[Docket Number USCG–2016–0715] minimum depth of 45 feet to arrangements with drill boat APACHE,
RIN 1625–AA00 accommodate larger vessel traffic dredge TEXAS, or dredge NEW YORK
entering the Sector Delaware Bay Zone. in accordance with the navigational
Safety Zone; Blasting, Delaware River The upcoming portion of the project rules in 33 CFR subchapter E via VHF–
requires the deepening of the Delaware FM channel 13 at least 30 minutes prior
AGENCY: Coast Guard, DHS.
River from Tiniucm Range, south, to arrival. If vessels are unable to make
ACTION: Notice of proposed rulemaking. through Marcus Hook Rang, in which satisfactory passing arrangements with
SUMMARY: The Coast Guard proposes to the topography consist of mostly rock the drill boat APACHE, dredge TEXAS,
establish a temporary safety zone on the bottom. To satisfy the minimum project or dredge NEW YORK they may request
waters of the Tinicum Range, Eddystone depth of 45 feet the ACOE has hired permission from the Captain of the Port,
Range, Chester Range, and Marcus Hook Great Lakes Dredging Company to or his designated representative, on
Range, in the Delaware River from perform rock blasting operations, VHF–FM channel 16. All vessels must
December 1, 2016 to March 15, 2016. dredging, and removal of rock in operate at the minimum safe speed
The safety zone would temporarily Tinicum Range, Eddystone Range, necessary to maintain steerage and
restrict vessel traffic from transiting or Chester Range, and Marcus Hook Range, reduce wake.
anchoring in a portion of the Delaware in the Delaware River from December 1, No vessels may transit through the
River while rock blasting, dredging, and 2016, to March 15, 2017. The Captain of safety zone during times of explosives
rock removal operations are being the Port, Delaware Bay, has determined detonation. During rock blasting
conducted to facilitate the Delaware that potential hazards associated with detonation, vessels would be required to
River Main Channel Deepening project rock blasting, dredging, and rock maintain a 500 yard distance from the
for the main navigational channel of the removal operations, will be a safety drill boat APACHE. The drill boat
Delaware River. This action is needed to concern for anyone within 500 yards of APACHE will make broadcasts, via
protect personnel, vessels, and the rock blasting, dredging, and rock VHF–FM channels 13 and 16, at 15
marine environment from potential removal operations. This proposed rule minutes, 5 minutes, and 1 minute prior
hazards created by rock blasting, is needed to protect personnel, vessels, to detonation, as well as a countdown
dredging, and rock removal operations. and the marine environment in the to detonation on VHF–FM channel 16.
We invite your comments on this navigable waters within the operational The drill boat APACHE will also raise
proposed rulemaking. area. a red flag signifying when a detonation
DATES: Comments and related material
The purpose of this rulemaking is to is occurring. The 500 yard radius will be
must be received by the Coast Guard on ensure the safety of vessels and the secured by a contracted security vessel
navigable waters within a 500-yard on either side of the blast area. Security
or before September 30, 2016.
radius of rock blasting, dredging, and vessels will ensure the blasting area is
ADDRESSES: You may submit comments
rock removal operations. The Coast clear prior to explosive detonation.
identified by docket number USCG– Guard proposes this rulemaking under Sector Delaware Bay will ensure
2016–0715 using the Federal authority in 33 U.S.C. 1231; 33 CFR significant notice is given to the
eRulemaking Portal at http:// 1.05–1 and 160.5; and Department of maritime community of dates and times
www.regulations.gov. See the ‘‘Public
ehiers on DSK5VPTVN1PROD with PROPOSALS
Homeland Security Delegation No. of blasting via broadcast notice to
Participation and Request for 0170.1. mariners on VHF–FM channel 16. After
Comments’’ portion of the every explosive detonation, a survey
SUPPLEMENTARY INFORMATION section for III. Discussion of Proposed Rule will be conducted to ensure the
further instructions on submitting This proposed rule would establish a navigational channel is clear for vessels
comments. safety zone from December 1, 2016, to transit. The drill boat APACHE will
FOR FURTHER INFORMATION CONTACT: If through March 15, 2017. The safety broadcast, via VHF–FM channels 13 and
you have questions about this zone would cover all navigable waters 16, when the survey has been completed
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![Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Proposed Rules 59947
message can be received without Fifth Coast Guard District to read as and the channel is clear to transit.
jeopardizing the safety or security of follows: Vessels granted permission to transit
people, places or vessels. through the safety zone must proceed as
§ 165.T05–0715 Safety Zone; Blasting,
directed by the designated
V. Public Participation and Request for Delaware River.
representative of the Captain of the Port
Comments (a) Regulated area. The following area and contact the drill boat APACHE on
We view public participation as is a safety zone: all the waters of the VHF–FM channel 13 to make
essential to effective rulemaking, and Delaware River within 500 yards of the satisfactory passing arrangements in
will consider all comments and material drill boat or dredges performing rock accordance with the navigational rules
received during the comment period. blasting, rock removal, and dredging in 33 CFR subchapter E.
Your comment can help shape the operations, in the Delaware River (5) This section applies to all vessels
outcome of this rulemaking. If you between the southern end of Marcus except vessels that are engaged in the
submit a comment, please include the Hook Range to the eastern end of following operations: enforcing laws;
docket number for this rulemaking, Tinicum Range. servicing aids to navigation, and
indicate the specific section of this (b) Regulations. The general safety emergency response vessels.
document to which each comment zone regulations in § 165.23 apply to the (c) Definitions. As used in this
applies, and provide a reason for each safety zone created by this temporary section:
suggestion or recommendation. section, § 165.T05–0715. Captain of the Port Delaware Bay
We encourage you to submit (1) All vessels and persons are
means the Commander, U.S. Coast
comments through the Federal prohibited from entering into or moving
Guard Sector Delaware Bay,
eRulemaking Portal at http:// within the safety zone unless authorized
Philadelphia, PA.
www.regulations.gov. If your material by the Captain of the Port, Delaware Designated representative means any
cannot be submitted using http:// Bay, or by his designated representative. Coast Guard commissioned, warrant, or
www.regulations.gov, contact the person (2) Vessels wishing to transit the
petty officer who has been authorized
in the FOR FURTHER INFORMATION safety zone, described in paragraph (a)
by the Captain of the Port Delaware Bay
CONTACT section of this document for of this section, in the main navigational
to assist in enforcing the safety zone
alternate instructions. channel, may do so if they can make
described in paragraph (a) of this
We accept anonymous comments. All satisfactory passing arrangements with
section.
comments received will be posted the drill boat APACHE, dredge TEXAS,
(d) Enforcement. The U.S. Coast
without change to http:// or dredge NEW YORK in accordance
Guard may be assisted by Federal, State
www.regulations.gov and will include with the Navigational Rules in 33 CFR
and local agencies in the patrol and
any personal information you have subchapter E via VHF–FM channel 13 at
enforcement of the zone.
provided. For more about privacy and least 30 minutes prior to arrival. If
(e) Enforcement period. This section
the docket, you may review a Privacy vessels are unable to make satisfactory
will be effective from December 1, 2016,
Act notice regarding the Federal Docket passing arrangements with the drill boat
through March 15, 2017.
Management System in the March 24, APACHE, dredge TEXAS, or dredge
NEW YORK, they may request Dated: August 23, 2016.
2005, issue of the Federal Register (70
FR 15086). permission from the Captain of the Port, Benjamin A. Cooper,
Documents mentioned in this NPRM or his designated representative, on Captain, U.S. Coast Guard, Captain of the
as being available in the docket, and all VHF–FM channel 16. Port Delaware Bay.
public comments, will be in our online (3) No vessels may transit through the [FR Doc. 2016–20868 Filed 8–30–16; 8:45 am]
docket at http://www.regulations.gov safety zone during times of explosives BILLING CODE 9110–04–P
and can be viewed by following that detonation. During rock blasting
Web site’s instructions. Additionally, if detonation, vessels are required to
you go to the online docket and sign up maintain a 500 yard distance from the DEPARTMENT OF HOMELAND
for email alerts, you will be notified drill boat APACHE. The drill boat SECURITY
when comments are posted or a final APACHE will make broadcasts, via
VHF–FM channels 13 and 16, at 15 Coast Guard
rule is published.
minutes, 5 minutes, and 1 minute prior
List of Subjects in 33 CFR Part 165 to detonation, as well as a countdown 33 CFR Part 165
Harbors, Marine safety, Navigation to detonation on VHF–FM channel 16. [Docket Number USCG–2016–0271]
(water), Reporting and recordkeeping The drill boat APACHE will also raise
a red flag signifying when a detonation RIN 1625–AA00
requirements, Security measures,
Waterways. is occurring. The 500 yard radius will be
Safety Zone, Jacksonville Sea and Sky
For the reasons discussed in the secured by contracted security vessel on
Spectacular; Atlantic Ocean,
preamble, the Coast Guard proposes to either side of the blast area. Security
Jacksonville Beach, FL
amend 33 CFR part 165 as follows: vessel will ensure the blasting area is
clear prior to explosive detonation. AGENCY: Coast Guard, DHS.
PART 165—REGULATED NAVIGATION Sector Delaware Bay will ensure ACTION: Notice of proposed rulemaking.
AREAS AND LIMITED ACCESS AREAS significant notice is given to the
maritime community of dates and times SUMMARY: The Coast Guard proposes to
■ 1. The authority citation for part 165 establish a safety zone on the waters of
ehiers on DSK5VPTVN1PROD with PROPOSALS
of blasting via broadcast notice to
continues to read as follows: mariners on VHF–FM channel 16. the Atlantic Ocean east of Jacksonville
Authority: 33 U.S.C 1231; 50 U.S.C. 191; (4) After every explosive detonation, a Beach, Florida during the Jacksonville
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; survey will be conducted to ensure the Sea and Sky Spectacular. This safety
Department of Homeland Security Delegation navigational channel is clear for vessels zone will be enforced daily 10 a.m. to
No. 0170.1. to transit. The drill boat APACHE will 4:30 p.m., from November 2 through
■ 2. Add temporary § 165.T05–0715 broadcast, via VHF–FM channels 13 and November 6, 2016. This proposed
under the undesignated center heading 16, when the survey has been completed rulemaking would prohibit persons and
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Document Created: 2018-02-02 12:14:51
Document Modified: 2018-02-02 12:14:51
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before September 30, 2016. | |
| Contact | If you have questions about this rulemaking, call or email MST1 Thomas Simkins, Sector Delaware Bay Waterways Management Division, U.S. Coast Guard; telephone 215-271- 4889, email [email protected] | |
| FR Citation | 81 FR 59945 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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