82_FR_47817 82 FR 47620 - Safety Zone, Delaware River; Dredging

82 FR 47620 - Safety Zone, Delaware River; Dredging

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 197 (October 13, 2017)

Page Range47620-47623
FR Document2017-21979

The Coast Guard is establishing temporary safety zones in portions of New Castle Range and Cherry Island Range on the Delaware River as well as the Christina River in order to facilitate the annual maintenance dredging of the Federal Navigation Channel. The safety zones will be established for the waters in the vicinity of the dredge, dredge equipment, and associated pipeline. This regulation is necessary to provide for the safety of life on navigable waters of the Delaware River and the Christina River in the vicinity of dredging activity and is intended to protect mariners from the hazards associated with pipe- laying and dredging operations.

Federal Register, Volume 82 Issue 197 (Friday, October 13, 2017) 
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47620-47623]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21979]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0947]
RIN 1625-AA00


Safety Zone, Delaware River; Dredging

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in 
portions of New Castle Range and Cherry Island Range on the Delaware 
River as well as the Christina River in order to facilitate the annual 
maintenance dredging of the Federal Navigation Channel. The safety 
zones will be established for the waters in the vicinity of the dredge, 
dredge equipment, and associated pipeline. This regulation is necessary 
to provide for the safety of life on navigable waters of the Delaware 
River and the Christina River in the vicinity of dredging activity and 
is intended to protect mariners from the hazards associated with pipe-
laying and dredging operations.

DATES: This rule is effective without actual notice from October 13, 
2017 through January 10, 2018. For the purposes of enforcement, actual 
notice will be used from October 6, 2017, through October 13, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0947 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 Petty Officer Edmund Ofalt, Waterways Management Branch, 
U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4814, email 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 47621]]

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 Sector Delaware Bay received the 
final details of the project on October 2, 2017 and dredging operations 
are scheduled to commence on October 6, 2017. It is impracticable and 
contrary to the public interest to publish an NPRM to provide a notice 
and opportunity for comment period because we must establish these 
safety zones by October 6, 2017, to ensure the safety of life on 
navigable waters in the vicinity of dredging activity and protect 
mariners from the hazards associated with pipe-laying and dredging 
operations. Specific risks to safety include submerged and floating 
pipeline, dredge booster assemblies and the dredge itself which may be 
placed within or in close proximity to the navigational channel and Pea 
Patch Island Anchorage 5 on the Delaware River.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to mitigate the hazards presented to 
safety of life on the Delaware and Christina Rivers by the presence of 
dredge equipment and dredging operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port (COTP) Delaware Bay has determined that 
potential hazards associated with dredging and pipe laying operations 
beginning on October 6, 2017, will be a safety concern for vessels 
attempting to transit the Delaware River, along New Castle Range, 
Cherry Island Range, and the Christina River. This rule is needed to 
protect personnel, vessels, and the marine environment on the navigable 
waters within the safety zones while dredging is being conducted.

IV. Discussion of the Rule

    This rule establishes safety zones on portions of the Delaware 
River and Christina River from October 6, 2017, through January 10, 
2018, unless cancelled earlier by the COTP, to facilitate maintenance 
dredging being conducted in New Castle Range, Cherry Island Range and 
the Christina River. Maintenance dredging in the channel will be 
conducted with the cutter suction dredge ILLINOIS and associated 
pipeline. The pipeline will be a combination of floating hoses 
immediately behind the dredge connected to a submerged pipeline leading 
to upland disposal areas. Due to the hazards related to cutter suction 
dredging, the associated pipeline, and the location of the submerged 
pipeline, safety zones will be established in the following areas:
    (1) Safety zone 1 includes all waters within 150 yards of the 
dredge and all related dredge equipment. Entry into or transiting 
within safety zone 1 is prohibited unless vessels obtain permission 
from the Captain of the Port, via VHF-FM channel 16, or make 
satisfactory passing arrangements, via VHF-FM channels 07 or 13, with 
the dredge ILLINOIS per this section and the Rules of the Road (33 CFR 
subchapter E). The safety zone will be established for the duration of 
the maintenance project. Vessels requesting to transit shall contact 
the dredge ILLINOIS on VHF channel 07 or 13, at least 1 hour, as well 
as 30 minutes, prior to arrival.
    (2) Safety zone 2 includes all the waters of Pea Patch Island 
Anchorage No. 5 found in 33 CFR 110.157(a)(6), where submerged 
pipeline(s) will be located which poses a risk to anchored vessels. The 
safety zone will be in place only during the time in which the dredge 
ILLINOIS is conducting dredging operations in New Castle Range. Vessels 
requesting to anchor in Pea Patch Island Anchorage No. 5, during the 
enforcement of safety zone 2, are required to obtain permission from 
the COTP prior to entry into the anchorage.
    The COTP will terminate each safety zone individually once all 
submerged pipeline has been recovered and dredging operations are 
completed in each range respectively. Notice of the termination of each 
safety zone will be made in accordance with 33 CFR 165.7.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, and duration of the safety zones. Although this regulation 
will restrict access to regulated areas, the effect of this rule will 
not be significant because there are a number of alternate anchorages 
available. Furthermore, vessels may be permitted to transit through the 
safety zone with the permission of the COTP or make satisfactory 
passing arrangements with the dredge ILLINOIS in accordance with this 
rule and the Rules of the Road (33 CFR subchapter E). Extensive 
notification of the safety zones 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

[[Page 47622]]

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 (Public Law 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 Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. 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 safety zones that encompass all navigable waters within 
150 yards of a dredge, dredging pipeline and all dredge related 
equipment. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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 Sec.  165.T05-0947, to read as follows:


Sec.  165.T05-0947  Safety Zones, Delaware River; Dredging.

    (a) Location. The following areas are safety zones:
    (1) Safety zone 1. Safety zone 1 includes all navigable waters 
within 150 yards of the dredge ILLINOIS and all related dredge 
equipment.
    (2) Safety zone Safety zone 2 includes all the waters of Pea Patch 
Island Anchorage No. 5 found in 33 CFR 110.157(a)(6), where submerged 
pipeline will be located causing a hazard to anchoring vessels.
    (b) Definitions--(1) Captain of the Port means the Commander 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 with the enforcement of safety zones 
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 zones created by this 
section.
    (1) Entry into or transiting within safety zone 1 is prohibited 
unless vessels obtain permission from the Captain of the Port, via VHF-
FM channel 16, or make satisfactory passing arrangements, via VHF-FM 
channels 07 or 13, with the dredge ILLINOIS per this section and the 
Rules of the Road (33 CFR subchapter E). Vessels requesting to transit 
shall contact the dredge ILLINOIS on VHF-FM channel 07 or 13, at least 
1 hour, as well as 30 minutes, prior to arrival.
    (2) Entry into, transiting, or anchoring within safety zone 2 is 
prohibited unless vessels obtain permission from the Captain of the 
Port via VHF-FM channel 16.
    (3) Vessels granted permission to enter and transit through the 
safety zone(s) must do so in accordance with any directions or orders 
of the Captain of the Port, his designated representative, or the 
dredge ILLINOIS as appropriate. No person or vessel may enter or remain 
in a safety zone without permission from the Captain of the Port or the 
dredge ILLINOIS as applicable.
    (4) At least one side of the main navigational channel will be kept 
clear for safe passage of vessels in the vicinity

[[Page 47623]]

of safety zone 1. At no time will the main navigational channel be 
closed to vessel traffic.
    (5) This section applies to all vessels that intend to transit 
through either safety zone except vessels that are engaged in the 
following operations: enforcement of laws; service of aids to 
navigation, and emergency response.
    (d) Enforcement period. This section is enforced from October 6, 
2017, through January 10, 2018.
    (1) Zone 1. Zone 1 will be enforced at all times during which the 
dredge ILLINOIS is conducting dredging operations in New Castle Range, 
Cherry Island Range, and the Christina River.
    (2) Zone 2. Zone 2 will be enforced only during those times that 
dredge ILLINOIS is conducting dredging operations in New Castle Range.
    (3) Notifications. The Captain of the Port will notify the maritime 
community of specific times and locations during which these safety 
zones will be enforced by providing advance notice via marine safety 
information bulletins, broadcast notice to mariners and local notice to 
mariners.

    Dated: October 5, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-21979 Filed 10-12-17; 8:45 am]
 BILLING CODE 9110-04-P

47620 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations power and responsibilities among the person listed in the FOR FURTHER broadcast notices to mariners of the various levels of government. We have INFORMATION CONTACT section to enforcement period for the safety zone analyzed this rule under that Order and coordinate protest activities so that your as well as any changes in the dates and have determined that it is consistent message can be received without times of enforcement. with the fundamental federalism jeopardizing the safety or security of Dated: October 6, 2017. principles and preemption requirements people, places or vessels. Scott A. Stoermer, described in Executive Order 13132. Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River. implications under Executive Order Harbors, Marine safety, Navigation 13175, Consultation and Coordination (water), Reporting and recordkeeping [FR Doc. 2017–22168 Filed 10–12–17; 8:45 am] with Indian Tribal Governments, requirements, Security measures, and BILLING CODE 9110–04–P because it does not have a substantial Waterways. direct effect on one or more Indian For the reasons discussed in the tribes, on the relationship between the DEPARTMENT OF HOMELAND preamble, the Coast Guard amends 33 SECURITY Federal Government and Indian tribes, CFR part 165 as follows: or on the distribution of power and Coast Guard responsibilities between the Federal PART 165—REGULATED NAVIGATION Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS 33 CFR Part 165 believe this rule has implications for federalism or Indian tribes, please ■ 1. The authority citation for part 165 continues to read as follows: [Docket Number USCG–2017–0947] contact the person listed in the FOR FURTHER INFORMATION CONTACT section Authority: 33 U.S.C. 1231; 50 U.S.C. 191; RIN 1625–AA00 above. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation Safety Zone, Delaware River; Dredging E. Unfunded Mandates Reform Act No. 0170.1. The Unfunded Mandates Reform Act ■ 2. Add § 165.T08–0942 to read as AGENCY: Coast Guard, DHS. of 1995 (2 U.S.C. 1531–1538) requires follows: ACTION: Temporary final rule. Federal agencies to assess the effects of their discretionary regulatory actions. In § 165.08–0942 Safety Zone; Upper SUMMARY: The Coast Guard is particular, the Act addresses actions Mississippi River, St. Louis, MO. establishing temporary safety zones in that may result in the expenditure by a (a) Location. The following area is a portions of New Castle Range and State, local, or tribal government, in the safety zone: All navigable waters of the Cherry Island Range on the Delaware aggregate, or by the private sector of Upper Mississippi River between mile River as well as the Christina River in $100,000,000 (adjusted for inflation) or marker (MM) 183.7 to MM 185.1, St. order to facilitate the annual more in any one year. Though this rule Louis, MO. maintenance dredging of the Federal will not result in such an expenditure, (b) Definitions. As used in this Navigation Channel. The safety zones we do discuss the effects of this rule section, designated representative will be established for the waters in the elsewhere in this preamble. means a Coast Guard Patrol vicinity of the dredge, dredge Commander, including a Coast Guard equipment, and associated pipeline. F. Environment coxswain, petty officer, or other officer This regulation is necessary to provide We have analyzed this rule under operating a Coast Guard vessel and a for the safety of life on navigable waters Department of Homeland Security Federal, State, and local officer of the Delaware River and the Christina Management Directive 023–01 and designated by or assisting the Captain of River in the vicinity of dredging activity Commandant Instruction M16475.lD, the Port Sector Upper Mississippi River and is intended to protect mariners from which guide the Coast Guard in (COTP) in the enforcement of the safety the hazards associated with pipe-laying complying with the National zone. and dredging operations. Environmental Policy Act of 1969 (42 (c) Regulations. (1) Under the general DATES: This rule is effective without U.S.C. 4321–4370f), and have safety zone regulations in § 165.23 of actual notice from October 13, 2017 determined that this action is one of a this part, you may not enter the safety through January 10, 2018. For the category of actions that do not zone described in paragraph (a) of this purposes of enforcement, actual notice individually or cumulatively have a section unless authorized by the COTP will be used from October 6, 2017, significant effect on the human or a designated representative. through October 13, 2017. environment. This rule involves a safety (2) To seek permission to enter, ADDRESSES: To view documents zone lasting fourteen hours on fourteen contact the COTP or the COTP’s mentioned in this preamble as being separate nights that will prohibit entry representative via VHF–FM channel 16, available in the docket, go to http:// from MM 183.7 to MM 185.1 on the or through Coast Guard Sector Upper www.regulations.gov, type USCG–2017– UMR from October 8, 2017 to October Mississippi River by telephone at 314– 0947 in the ‘‘SEARCH’’ box and click 21, 2017. It is categorically excluded 269–2332. Those in the safety zone must ‘‘SEARCH.’’ Click on Open Docket from further review under paragraph comply with all lawful orders or Folder on the line associated with this 34(g) of Figure 2–1 of the Commandant directions given to them by the COTP or rule. Instruction. A Record of Environmental a designated representative. (d) Enforcement period. This section FOR FURTHER INFORMATION CONTACT: If Consideration supporting this you have questions on this rule, call or nlaroche on DSK9F9SC42PROD with RULES determination is available in the docket will be enforced from 5 p.m. on October where indicated under ADDRESSES. 8, 2017, through 7 a.m. on October 21, email Petty Officer Edmund Ofalt, 2017. It will be enforced daily from 5 Waterways Management Branch, U.S. G. Protest Activities p.m. through 7 a.m. Coast Guard Sector Delaware Bay; The Coast Guard respects the First (e) Informational broadcasts. The telephone (215) 271–4814, email Amendment rights of protesters. COTP or a designated representative Edmund.J.Ofalt@uscg.mil. Protesters are asked to contact the will inform the public through SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 15:07 Oct 12, 2017 Jkt 244001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1

Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 47621 I. Table of Abbreviations for vessels attempting to transit the termination of each safety zone will be CFR Code of Federal Regulations Delaware River, along New Castle made in accordance with 33 CFR 165.7. COTP Captain of the Port Range, Cherry Island Range, and the V. Regulatory Analyses DHS Department of Homeland Security Christina River. This rule is needed to FR Federal Register protect personnel, vessels, and the We developed this rule after NPRM Notice of proposed rulemaking marine environment on the navigable considering numerous statutes and § Section waters within the safety zones while Executive orders related to rulemaking. U.S.C. United States Code dredging is being conducted. Below we summarize our analyses II. Background Information and based on a number of these statutes and IV. Discussion of the Rule Executive orders, and we discuss First Regulatory History This rule establishes safety zones on Amendment rights of protestors. The Coast Guard is issuing this portions of the Delaware River and A. Regulatory Planning and Review temporary rule without prior notice and Christina River from October 6, 2017, opportunity to comment pursuant to Executive Orders 12866 and 13563 through January 10, 2018, unless authority under section 4(a) of the direct agencies to assess the costs and cancelled earlier by the COTP, to Administrative Procedure Act (APA) (5 benefits of available regulatory facilitate maintenance dredging being U.S.C. 553(b)). This provision alternatives and, if regulation is conducted in New Castle Range, Cherry authorizes an agency to issue a rule necessary, to select regulatory Island Range and the Christina River. without prior notice and opportunity to approaches that maximize net benefits. Maintenance dredging in the channel comment when the agency for good Executive Order 13771 directs agencies will be conducted with the cutter cause finds that those procedures are to control regulatory costs through a suction dredge ILLINOIS and associated ‘‘impracticable, unnecessary, or contrary budgeting process. This rule has not pipeline. The pipeline will be a to the public interest.’’ Under 5 U.S.C. been designated a ‘‘significant combination of floating hoses 553(b)(B), the Coast Guard finds that regulatory action,’’ under Executive immediately behind the dredge good cause exists for not publishing a Order 12866. Accordingly, this rule has connected to a submerged pipeline notice of proposed rulemaking (NPRM) not been reviewed by the Office of leading to upland disposal areas. Due to with respect to this rule because Sector Management and Budget (OMB), and the hazards related to cutter suction Delaware Bay received the final details pursuant to OMB guidance it is exempt dredging, the associated pipeline, and of the project on October 2, 2017 and from the requirements of Executive the location of the submerged pipeline, dredging operations are scheduled to Order 13771. safety zones will be established in the commence on October 6, 2017. It is This regulatory action determination following areas: impracticable and contrary to the public is based on the size, location, and interest to publish an NPRM to provide (1) Safety zone 1 includes all waters duration of the safety zones. Although a notice and opportunity for comment within 150 yards of the dredge and all this regulation will restrict access to period because we must establish these related dredge equipment. Entry into or regulated areas, the effect of this rule safety zones by October 6, 2017, to transiting within safety zone 1 is will not be significant because there are ensure the safety of life on navigable prohibited unless vessels obtain a number of alternate anchorages waters in the vicinity of dredging permission from the Captain of the Port, available. Furthermore, vessels may be activity and protect mariners from the via VHF–FM channel 16, or make permitted to transit through the safety hazards associated with pipe-laying and satisfactory passing arrangements, via zone with the permission of the COTP dredging operations. Specific risks to VHF–FM channels 07 or 13, with the or make satisfactory passing safety include submerged and floating dredge ILLINOIS per this section and arrangements with the dredge ILLINOIS pipeline, dredge booster assemblies and the Rules of the Road (33 CFR in accordance with this rule and the the dredge itself which may be placed subchapter E). The safety zone will be Rules of the Road (33 CFR subchapter within or in close proximity to the established for the duration of the E). Extensive notification of the safety navigational channel and Pea Patch maintenance project. Vessels requesting zones to the maritime public will be Island Anchorage 5 on the Delaware to transit shall contact the dredge made via maritime advisories allowing River. ILLINOIS on VHF channel 07 or 13, at mariners to alter their plans Under 5 U.S.C. 553(d)(3), the Coast least 1 hour, as well as 30 minutes, prior accordingly. Guard finds that good cause exists for to arrival. making this rule effective less than 30 (2) Safety zone 2 includes all the B. Impact on Small Entities days after publication in the Federal waters of Pea Patch Island Anchorage The Regulatory Flexibility Act of Register. Delaying the effective date of No. 5 found in 33 CFR 110.157(a)(6), 1980, 5 U.S.C. 601–612, as amended, this rule would be impracticable and where submerged pipeline(s) will be requires Federal agencies to consider contrary to the public interest because located which poses a risk to anchored the potential impact of regulations on immediate action is needed to mitigate vessels. The safety zone will be in place small entities during rulemaking. The the hazards presented to safety of life on only during the time in which the term ‘‘small entities’’ comprises small the Delaware and Christina Rivers by dredge ILLINOIS is conducting dredging businesses, not-for-profit organizations the presence of dredge equipment and operations in New Castle Range. Vessels that are independently owned and dredging operations. requesting to anchor in Pea Patch Island operated and are not dominant in their Anchorage No. 5, during the fields, and governmental jurisdictions III. Legal Authority and Need for Rule enforcement of safety zone 2, are with populations of less than 50,000. The Coast Guard is issuing this rule required to obtain permission from the nlaroche on DSK9F9SC42PROD with RULES The Coast Guard certifies under 5 U.S.C. under authority in 33 U.S.C. 1231. The COTP prior to entry into the anchorage. 605(b) that this rule will not have a Captain of the Port (COTP) Delaware The COTP will terminate each safety significant economic impact on a Bay has determined that potential zone individually once all submerged substantial number of small entities. hazards associated with dredging and pipeline has been recovered and While some owners or operators of pipe laying operations beginning on dredging operations are completed in vessels intending to transit the safety October 6, 2017, will be a safety concern each range respectively. Notice of the zone may be small entities, for the VerDate Sep<11>2014 15:07 Oct 12, 2017 Jkt 244001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1

47622 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations reasons stated in section V.A above, this contact the person listed in the FOR Authority: 33 U.S.C. 1231; 50 U.S.C. 191; rule will not have a significant FURTHER INFORMATION CONTACT section 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; economic impact on any vessel owner above. Department of Homeland Security Delegation or operator. No. 0170.1. Under section 213(a) of the Small E. Unfunded Mandates Reform Act ■ 2. Add § 165.T05–0947, to read as Business Regulatory Enforcement The Unfunded Mandates Reform Act follows: Fairness Act of 1996 (Public Law 104– of 1995 (2 U.S.C. 1531–1538) requires 121), we want to assist small entities in Federal agencies to assess the effects of § 165.T05–0947 Safety Zones, Delaware understanding this rule. If the rule River; Dredging. their discretionary regulatory actions. In would affect your small business, particular, the Act addresses actions (a) Location. The following areas are organization, or governmental that may result in the expenditure by a safety zones: jurisdiction and you have questions State, local, or tribal government, in the (1) Safety zone 1. Safety zone 1 concerning its provisions or options for aggregate, or by the private sector of includes all navigable waters within 150 compliance, please contact the person $100,000,000 (adjusted for inflation) or yards of the dredge ILLINOIS and all listed in the FOR FURTHER INFORMATION more in any one year. Though this rule related dredge equipment. CONTACT section. will not result in such an expenditure, (2) Safety zone Safety zone 2 includes Small businesses may send comments we do discuss the effects of this rule all the waters of Pea Patch Island on the actions of Federal employees elsewhere in this preamble. Anchorage No. 5 found in 33 CFR who enforce, or otherwise determine 110.157(a)(6), where submerged compliance with, Federal regulations to F. Environment pipeline will be located causing a the Small Business and Agriculture We have analyzed this rule under hazard to anchoring vessels. Regulatory Enforcement Ombudsman Department of Homeland Security (b) Definitions—(1) Captain of the and the Regional Small Business Management Directive 023–01 and Port means the Commander Sector Regulatory Fairness Boards. The Commandant Instruction M16475.lD, Delaware Bay or any Coast Guard Ombudsman evaluates these actions which guide the Coast Guard in commissioned, warrant, or petty officer annually and rates each agency’s complying with the National who has been authorized by the Captain responsiveness to small business. If you Environmental Policy Act of 1969 (42 of the Port to act on his behalf. wish to comment on actions by U.S.C. 4321–4370f), and have (2) Designated representative means employees of the Coast Guard, call 1– determined that this action is one of a any Coast Guard commissioned, warrant 888–REG–FAIR (1–888–734–3247). The category of actions that do not or petty officer who has been authorized Coast Guard will not retaliate against individually or cumulatively have a by the Captain of the Port, Delaware small entities that question or complain significant effect on the human Bay, to assist with the enforcement of about this rule or any policy or action environment. This rule involves safety safety zones described in paragraph (a) of the Coast Guard. zones that encompass all navigable of this section. waters within 150 yards of a dredge, (c) Regulations. The general safety C. Collection of Information zone regulations found in 33 CFR part dredging pipeline and all dredge related This rule will not call for a new equipment. It is categorically excluded 165 subpart C apply to the safety zones collection of information under the from further review under paragraph created by this section. Paperwork Reduction Act of 1995 (44 34(g) of Figure 2–1 of the Commandant (1) Entry into or transiting within U.S.C. 3501–3520). Instruction. A Record of Environmental safety zone 1 is prohibited unless Consideration supporting this vessels obtain permission from the D. Federalism and Indian Tribal Captain of the Port, via VHF–FM Governments determination is available in the docket where indicated under ADDRESSES. channel 16, or make satisfactory passing A rule has implications for federalism arrangements, via VHF–FM channels 07 under Executive Order 13132, G. Protest Activities or 13, with the dredge ILLINOIS per this Federalism, if it has a substantial direct The Coast Guard respects the First section and the Rules of the Road (33 effect on the States, on the relationship Amendment rights of protesters. CFR subchapter E). Vessels requesting to between the national government and Protesters are asked to contact the transit shall contact the dredge the States, or on the distribution of person listed in the FOR FURTHER ILLINOIS on VHF–FM channel 07 or 13, power and responsibilities among the INFORMATION CONTACT section to at least 1 hour, as well as 30 minutes, various levels of government. We have coordinate protest activities so that your prior to arrival. analyzed this rule under that Order and message can be received without (2) Entry into, transiting, or anchoring have determined that it is consistent jeopardizing the safety or security of within safety zone 2 is prohibited unless with the fundamental federalism people, places or vessels. vessels obtain permission from the principles and preemption requirements Captain of the Port via VHF–FM described in Executive Order 13132. List of Subjects in 33 CFR Part 165 channel 16. Also, this rule does not have tribal Harbors, Marine safety, Navigation (3) Vessels granted permission to implications under Executive Order (water), Reporting and recordkeeping enter and transit through the safety 13175, Consultation and Coordination requirements, Security measures, zone(s) must do so in accordance with with Indian Tribal Governments, Waterways. any directions or orders of the Captain because it does not have a substantial For the reasons discussed in the of the Port, his designated direct effect on one or more Indian preamble, the Coast Guard amends 33 representative, or the dredge ILLINOIS tribes, on the relationship between the nlaroche on DSK9F9SC42PROD with RULES CFR part 165 as follows: as appropriate. No person or vessel may Federal Government and Indian tribes, enter or remain in a safety zone without or on the distribution of power and PART 165—REGULATED NAVIGATION permission from the Captain of the Port responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS or the dredge ILLINOIS as applicable. Government and Indian tribes. If you (4) At least one side of the main believe this rule has implications for ■ 1. The authority citation for part 165 navigational channel will be kept clear federalism or Indian tribes, please continues to read as follows: for safe passage of vessels in the vicinity VerDate Sep<11>2014 15:07 Oct 12, 2017 Jkt 244001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1

Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 47623 of safety zone 1. At no time will the FOR FURTHER INFORMATION CONTACT: If the law. Using the adjustment criteria main navigational channel be closed to you have questions on this rule, call or provided in the Inflation Adjustment vessel traffic. email Mr. Ronald L. Houck, at Sector Act for the initial ‘‘catch-up’’ (5) This section applies to all vessels Maryland-National Capital Region, adjustment and the December 16, 2016, that intend to transit through either Waterways Management Division, U.S. Office of Management and Budget safety zone except vessels that are Coast Guard; telephone 410–576–2674, Memorandum regarding the engaged in the following operations: email Ronald.L.Houck@uscg.mil. ‘‘Implementation of the 2017 annual enforcement of laws; service of aids to SUPPLEMENTARY INFORMATION: In FR Doc. adjustment pursuant to the Federal Civil navigation, and emergency response. 2017–21180 appearing on page 45981 of Penalties Inflation Adjustment Act (d) Enforcement period. This section Wednesday, October 3, 2017, the Improvements Act of 2015’’, the 2016 is enforced from October 6, 2017, following corrections are made: catch-up adjustment and 2017 annual through January 10, 2018. adjustment for inflation will increase (1) Zone 1. Zone 1 will be enforced at § 165.T05–0808 [Corrected] the Class I civil penalty under Section all times during which the dredge ■ 1. On page 45984, in the 1st column, 309 of the Clean Water Act to $20,966 ILLINOIS is conducting dredging in § 165.T05–0808, correct paragraph (e) per violation, and the maximum civil operations in New Castle Range, Cherry to read as follows: penalty increases to $52,414. The Island Range, and the Christina River. ‘‘(e) Enforcement period. This section judicial civil penalty under Section (2) Zone 2. Zone 2 will be enforced will be enforced from 8 a.m. through 1 404(s) of the Clean Water Act increases only during those times that dredge p.m. on October 26, 2017, and, if to $52,414 per day for each violation. ILLINOIS is conducting dredging necessary due to inclement weather, Under the National Fishing operations in New Castle Range. from 8 a.m. through 1 p.m. on October Enhancement Act, the Class I civil (3) Notifications. The Captain of the 27, 2017.’’ penalty increases to $22,957 per Port will notify the maritime violation. Dated: October 4, 2017. community of specific times and DATES: This rule is effective December locations during which these safety Lonnie P. Harrison, Jr. Captain, U.S. Coast Guard, Captain of the 12, 2017 without further notice, unless zones will be enforced by providing the Corps receives substantive adverse advance notice via marine safety Port Maryland-National Capital Region. [FR Doc. 2017–21959 Filed 10–12–17; 8:45 am] comment by November 13, 2017. If we information bulletins, broadcast notice receive such adverse comment, we will to mariners and local notice to mariners. BILLING CODE 9110–04–P publish a timely withdrawal in the Dated: October 5, 2017. Federal Register informing the public Scott E. Anderson, that this rule will not take effect. DEPARTMENT OF DEFENSE Captain, U.S. Coast Guard, Captain of the ADDRESSES: You may submit comments, Port, Delaware Bay. Department of the Army, Corps of identified by docket number COE– [FR Doc. 2017–21979 Filed 10–12–17; 8:45 am] Engineers 2017–0008, by any of the following BILLING CODE 9110–04–P methods:. 33 CFR Part 326 Federal eRulemaking Portal: http:// www.regulations.gov. Follow the DEPARTMENT OF HOMELAND [COE–2017–0008] instructions for submitting comments. SECURITY Email: stacey.m.jensen@ RIN 0710–AA77 usace.army.mil. Include the docket Coast Guard Civil Monetary Penalty Inflation number, COE–2017–0008, in the subject Adjustment Rule line of the message. 33 CFR Part 165 Mail: U.S. Army Corps of Engineers, AGENCY: U.S. Army Corps of Engineers, ATTN: CECW–CO (Stacey M. Jensen), [Docket Number USCG–2017–0808] Department of Defense 441 G Street NW., Washington, DC RIN 1625–AA00 ACTION: Direct final rule. 20314–1000. Hand Delivery/Courier: Due to Safety Zone; Patapsco River, SUMMARY: The U.S. Army Corps of security requirements, we cannot Northwest and Inner Harbors; Engineers (Corps) is issuing this final receive comments by hand delivery or Baltimore, MD rule to adjust its civil monetary courier. penalties under the Clean Water Act Instructions: Direct your comments to AGENCY: Coast Guard, DHS. (CWA) and the National Fishing docket number COE–2017–0008. All ACTION: Temporary final rule; Enhancement Act to account for comments received will be included in correction. inflation. This action is mandated by the the public docket without change and Federal Civil Penalties Inflation may be made available on-line at http:// SUMMARY: The Coast Guard is correcting Adjustment Act of 1990, as amended by www.regulations.gov, including any a temporary final rule that appeared in the Federal Civil Penalties Inflation personal information provided, unless the Federal Register on October 3, 2017. Adjustment Act Improvements Act of the commenter indicates that the The document issued a temporary safety 2015 (Inflation Adjustment Act), which comment includes information claimed zone for certain waters of the Patapsco requires agencies to adjust the levels of to be Confidential Business Information River, Northwest Harbor and Inner civil monetary penalties with an initial (CBI) or other information whose Harbor in association with the ‘‘catch-up’’ adjustment followed by disclosure is restricted by statute. Do nlaroche on DSK9F9SC42PROD with RULES movement of the historic sloop-of-war annual adjustments for inflation. The not submit information that you USS CONSTELLATION on October 26, Inflation Adjustment Act prescribes a consider to be CBI, or otherwise 2017 (rain date of October 27, 2017). formula for adjusting statutory civil protected, through regulations.gov or DATES: This correction is effective from penalties to reflect inflation, maintain email. The regulations.gov Web site is 8 a.m. on October 26, 2017, through 1 the deterrent effect of statutory civil an anonymous access system, which p.m. on October 27, 2017. penalties, and promote compliance with means we will not know your identity VerDate Sep<11>2014 15:07 Oct 12, 2017 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1


Document Created: 2017-10-13 04:33:27
Document Modified: 2017-10-13 04:33:27
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 October 13, 2017 through January 10, 2018. For the purposes of enforcement, actual notice will be used from October 6, 2017, through October 13, 2017.
ContactIf you have questions on this rule, call or email Petty Officer Edmund Ofalt, Waterways Management Branch, U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4814, email [email protected]
FR Citation82 FR 47620 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
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