82_FR_51560 82 FR 51347 - Safety Zone, Delaware River; Pipeline Removal

82 FR 51347 - Safety Zone, Delaware River; Pipeline Removal

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 213 (November 6, 2017)

Page Range51347-51349
FR Document2017-24068

The Coast Guard is establishing temporary safety zones in the Mifflin Range on the Delaware River to facilitate pipeline removal in preparation for the deepening of the Delaware River. The safety zones will be established for the waters in the vicinity of the dredge, dredge equipment, dive operations, and pipe removal operations. This regulation is necessary to provide for the safety of life on navigable waters of the Delaware River in the vicinity of pipeline removal operations and to protect mariners from the hazards associated with dredging and pipeline removal operations. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the Captain of the Port Delaware Bay.

Federal Register, Volume 82 Issue 213 (Monday, November 6, 2017)
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Rules and Regulations]
[Pages 51347-51349]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24068]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1011]
RIN 1625-AA00


Safety Zone, Delaware River; Pipeline Removal

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary safety zones in the 
Mifflin Range on the Delaware River to facilitate pipeline removal in 
preparation for the deepening of the Delaware River. The safety zones 
will be established for the waters in the vicinity of the dredge, 
dredge equipment, dive operations, and pipe removal operations. This 
regulation is necessary to provide for the safety of life on navigable 
waters of the Delaware River in the vicinity of pipeline removal 
operations and to protect mariners from the hazards associated with 
dredging and pipeline removal operations. Entry of vessels or persons 
into these zones is prohibited unless specifically authorized by the 
Captain of the Port Delaware Bay.

DATES: This rule is effective from November 6, 2017, through December 
4, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1011 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:

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 due to the short time period between when 
Sector Delaware Bay received complete details of this project, October 
20, 2017, and the date when these safety zones needed to go into effect 
by. It is impracticable and contrary to the public interest to publish 
an NPRM to provide a notice and opportunity for comment period because 
the safety zones must be established by November 6, 2017 to ensure 
safety of life on navigable waters in the vicinity of dredging 
operations, underwater cutting operations, and pipeline removal 
operations and to protect mariners from hazards associated with the 
same.
    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 River by the presence of dredge 
equipment, dredging operations, dive operations, and pipeline removal 
operations.

[[Page 51348]]

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, dive operations, and 
pipeline removal operations starting November 6, 2017, will be a safety 
concern for vessels attempting to transit the Delaware River along the 
Mifflin Range. This rule is needed to protect personnel, vessels, and 
the marine environment on the navigable waters within the safety zone 
while dredging, dive operations, and pipeline removal operations are 
being conducted.

IV. Discussion of the Rule

    This rule establishes two safety zones on a portion of the Mifflin 
Range, just upriver of the green 63 buoy, in the Delaware River from 
November 6, 2017, through December 4, 2017, unless cancelled earlier by 
the COTP, to facilitate dredging, dive operations, and pipeline 
removal. Dredging operations to expose the pipeline will commence on 
November 6, 2017. The hopper dredge 549 will be conducting the dredging 
operations and will be attended by the towing vessel SHELBY. Dive 
operations will commence approximately one week after the completion of 
dredging operations and will continue through completion of removal of 
the pipeline.
    Safety zone one includes all navigable waters within 250 yards of 
the dredge barge 549 and associated pipeline removal equipment, to 
include any equipment located within Anchorage 9 near the entrance to 
Mantua Creek found in 33 CFR 110.157(a)(10).
    Safety zone two includes all navigable waters within 250 yards of 
the dive barge 543 and all associated pipeline removal equipment, to 
include any equipment located within Anchorage 9 near the entrance to 
Mantua Creek Found in 33 CFR 110.157 (a)(10).
    Vessels requesting to transit either safety zone must contact the 
towing vessel SHELBY on VHF-FM channel 13 or 65, at least 1 hour, as 
well as 30 minutes prior to arrival to arrange safe passage. Vessels 
may also contact the COTP for permission to enter or transit either 
safety zone on VHF-FM channel 16.

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 towing vessel SHELBY 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 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 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

[[Page 51349]]

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 a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone that encompasses all navigable waters 
within 250 yards of a dredge, diving operations, pipeline removal 
operations and all associated 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.T05-1011, to read as follows:


Sec.  165.T05-1011  Safety Zone, Delaware River; Pipeline Removal.

    (a) Location. The following areas are safety zones:
    (1) Safety zone one includes all navigable waters within 250 yards 
of the dredge barge 549 and associated equipment operating in Mifflin 
Range and Anchorage 9 near the entrance to Mantua Creek, upriver of 
green buoy 63, on the Delaware River.
    (2) Safety zone two includes all navigable waters within 250 yards 
of the dive barge 543 and associated equipment operating in Mifflin 
range and Anchorage 9 near the entrance to Mantua Creek, upriver of 
green buoy 63, on the Delaware River.
    (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 zone created by this 
section.
    (1) Entry into or transiting within either safety zone 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 13 or 65, with the towing vessel SHELBY per this 
section and the rules of the Road (33 CFR subchapter E). Vessels 
requesting to transit shall contact the towing vessel SHELBY on channel 
13 or 65, at least 1 hour, as well as 30 minutes, prior to arrival.
    (2) Vessels granted permission to enter and transit the safety zone 
must do so in accordance with any directions or orders of the Captain 
of the Port, his designated representative, or the towing vessel 
SHELBY. No person or vessel may enter or remain in a safety zone 
without permission from the Captain of the Port or the towing vessel 
SHELBY.
    (3) At least one side of the main navigational channel will be kept 
clear for safe passage of vessels.
    (4) This section applies to all vessels that intend to transit 
through the safety zone except vessels that are engaged in the 
following operations: Enforcement of laws; service of aids to 
navigation, and emergency response.
    (d) Enforcement periods. This section will be enforced from 
November 6, 2017, through December, 4 2017.

    Dated: November 1, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-24068 Filed 11-3-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations                                         51347

                                             compliance dates (Ref. 1). If a contract                find the most current version of the                  Folder on the line associated with this
                                             prevents a co-manufacturer from being                   guidance.                                             rule.
                                             able to review a brand owner’s
                                                                                                     IV. Reference                                         FOR FURTHER INFORMATION CONTACT:     If
                                             documentation of supplier verification
                                                                                                        The following reference is on display              you have questions on this rule, call or
                                             activities, the co-manufacturer would
                                                                                                     in the Dockets Management Staff (see                  email Petty Officer Edmund Ofalt,
                                             not be able to verify suppliers based on
                                                                                                     ADDRESSES) and is available for viewing
                                                                                                                                                           Waterways Management Branch, U.S.
                                             its review of that documentation.
                                                                                                     by interested persons between 9 a.m.                  Coast Guard Sector Delaware Bay;
                                             Consequently, the co-manufacturer
                                                                                                     and 4 p.m., Monday through Friday; it                 telephone (215) 271–4814, email
                                             would need to conduct supplier
                                                                                                     is also available electronically at https://          Edmund.J.Ofalt@uscg.mil.
                                             verification activities (e.g., on-site
                                             audits) that might otherwise not be                     www.regulations.gov.                                  SUPPLEMENTARY INFORMATION:
                                             required.                                               1. Letter from Grocery Manufacturers                  I. Table of Abbreviations
                                                To provide time for contracts to be                       Association to Dr. Stephen Ostroff,
                                             revised to allow co-manufacturers to                         Acting Commissioner of Food and Drugs,           CFR Code of Federal Regulations
                                             review all necessary documentation                           February 7, 2017.                                COTP Captain of the Port
                                             from the brand owner, FDA is                              Dated: October 31, 2017.                            DHS Department of Homeland Security
                                             announcing that, under certain                                                                                FR Federal Register
                                                                                                     Anna K. Abram,
                                             circumstances and on a temporary basis,                                                                       NPRM Notice of proposed rulemaking
                                                                                                     Deputy Commissioner for Policy, Planning,             § Section
                                             we do not intend to take enforcement                    Legislation, and Analysis.                            U.S.C. United States Code
                                             action against a receiving facility that is             [FR Doc. 2017–24098 Filed 11–3–17; 8:45 am]
                                             a co-manufacturer, and that is not in                   BILLING CODE 4164–01–P
                                                                                                                                                           II. Background Information and
                                             compliance with certain supply-chain                                                                          Regulatory History
                                             program requirements (§§ 117.410(d)
                                             and 117.415(a)(3) or §§ 507.110(d) and                                                                           The Coast Guard is issuing this
                                             507.115(a)(3)) for food manufactured for                DEPARTMENT OF HOMELAND                                temporary rule without prior notice and
                                             the brand owner until November 6,                       SECURITY                                              opportunity to comment pursuant to
                                             2019. Furthermore, we do not intend to                                                                        authority under section 4(a) of the
                                                                                                     Coast Guard                                           Administrative Procedure Act (APA) (5
                                             take enforcement action under the FSVP
                                             regulation against an importer who is                                                                         U.S.C. 553(b)). This provision
                                                                                                     33 CFR Part 165                                       authorizes an agency to issue a rule
                                             relying on § 1.502(c)(3) but whose
                                             supply-chain program is subject to                      [Docket Number USCG–2017–1011]                        without prior notice and opportunity to
                                             enforcement discretion regarding                                                                              comment when the agency for good
                                                                                                     RIN 1625–AA00
                                             §§ 117.410(d) and 117.415(a)(3) or                                                                            cause finds that those procedures are
                                             §§ 507.110(d) and 507.115(a)(3).                        Safety Zone, Delaware River; Pipeline                 ‘‘impracticable, unnecessary, or contrary
                                                The guidance represents the current                  Removal                                               to the public interest.’’ Under 5 U.S.C.
                                             thinking of FDA on this topic. It does                                                                        553(b)(B), the Coast Guard finds that
                                             not establish any rights for any person                 AGENCY:    Coast Guard, DHS.                          good cause exists for not publishing a
                                             and is not binding on FDA or the public.                ACTION:   Temporary final rule.                       notice of proposed rulemaking (NPRM)
                                             You can use an alternative approach if                                                                        with respect to this rule due to the short
                                             it satisfies the requirements of the                    SUMMARY:    The Coast Guard is                        time period between when Sector
                                             applicable statues and regulations.                     establishing temporary safety zones in                Delaware Bay received complete details
                                                                                                     the Mifflin Range on the Delaware River               of this project, October 20, 2017, and the
                                             II. Paperwork Reduction Act of 1995                     to facilitate pipeline removal in                     date when these safety zones needed to
                                               This guidance refers to previously                    preparation for the deepening of the                  go into effect by. It is impracticable and
                                             approved collections of information                     Delaware River. The safety zones will be              contrary to the public interest to publish
                                             found in FDA regulations. These                         established for the waters in the vicinity            an NPRM to provide a notice and
                                             collections of information are subject to               of the dredge, dredge equipment, dive                 opportunity for comment period
                                             review by the Office of Management and                  operations, and pipe removal                          because the safety zones must be
                                             Budget (OMB) under the Paperwork                        operations. This regulation is necessary              established by November 6, 2017 to
                                             Reduction Act of 1995 (44 U.S.C. 3501–                  to provide for the safety of life on                  ensure safety of life on navigable waters
                                             3520). The collections of information in                navigable waters of the Delaware River                in the vicinity of dredging operations,
                                             part 117 have been approved under                       in the vicinity of pipeline removal                   underwater cutting operations, and
                                             OMB control number 0910–0751. The                       operations and to protect mariners from               pipeline removal operations and to
                                             collections of information in part 507                  the hazards associated with dredging                  protect mariners from hazards
                                             have been approved under OMB control                    and pipeline removal operations. Entry                associated with the same.
                                             number 0910–0789.                                       of vessels or persons into these zones is                Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                     prohibited unless specifically                        Guard finds that good cause exists for
                                             III. Electronic Access                                  authorized by the Captain of the Port                 making this rule effective less than 30
                                                Persons with access to the internet                  Delaware Bay.                                         days after publication in the Federal
                                             may obtain the document at https://                     DATES: This rule is effective from                    Register. Delaying the effective date of
                                             www.fda.gov/Food/Guidance                               November 6, 2017, through December 4,                 this rule would be impracticable and
Pmangrum on DSK3GDR082PROD with RULES




                                             Regulation/GuidanceDocuments                            2017.                                                 contrary to the public interest because
                                             RegulatoryInformation/default.htm,                      ADDRESSES: To view documents                          immediate action is needed to mitigate
                                             https://www.fda.gov/AnimalVeterinary/                   mentioned in this preamble as being                   the hazards presented to safety of life on
                                             GuidanceComplianceEnforcement/                          available in the docket, go to http://                the Delaware River by the presence of
                                             default.htm, or https://                                www.regulations.gov, type USCG–2017–                  dredge equipment, dredging operations,
                                             www.regulations.gov. Use the FDA Web                    1011 in the ‘‘SEARCH’’ box and click                  dive operations, and pipeline removal
                                             sites listed in the previous sentence to                ‘‘SEARCH.’’ Click on Open Docket                      operations.


                                        VerDate Sep<11>2014   14:44 Nov 03, 2017   Jkt 244001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\06NOR1.SGM   06NOR1


                                             51348            Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations

                                             III. Legal Authority and Need for Rule                  A. Regulatory Planning and Review                     jurisdiction and you have questions
                                                The Coast Guard is issuing this rule                    Executive Orders 12866 and 13563                   concerning its provisions or options for
                                             under authority in 33 U.S.C. 1231. The                  direct agencies to assess the costs and               compliance, please contact the person
                                             Captain of the Port (COTP) Delaware                     benefits of available regulatory                      listed in the FOR FURTHER INFORMATION
                                             Bay has determined that potential                                                                             CONTACT section.
                                                                                                     alternatives and, if regulation is
                                             hazards associated with dredging, dive                                                                           Small businesses may send comments
                                                                                                     necessary, to select regulatory
                                             operations, and pipeline removal                                                                              on the actions of Federal employees
                                                                                                     approaches that maximize net benefits.
                                             operations starting November 6, 2017,                                                                         who enforce, or otherwise determine
                                                                                                     Executive Order 13771 directs agencies
                                             will be a safety concern for vessels                                                                          compliance with, Federal regulations to
                                                                                                     to control regulatory costs through a
                                             attempting to transit the Delaware River                                                                      the Small Business and Agriculture
                                                                                                     budgeting process. This rule has not
                                             along the Mifflin Range. This rule is                                                                         Regulatory Enforcement Ombudsman
                                                                                                     been designated a ‘‘significant
                                             needed to protect personnel, vessels,                                                                         and the Regional Small Business
                                                                                                     regulatory action,’’ under Executive
                                             and the marine environment on the                                                                             Regulatory Fairness Boards. The
                                                                                                     Order 12866. Accordingly, this rule has
                                             navigable waters within the safety zone                                                                       Ombudsman evaluates these actions
                                                                                                     not been reviewed by the Office of
                                             while dredging, dive operations, and                                                                          annually and rates each agency’s
                                                                                                     Management and Budget (OMB), and
                                             pipeline removal operations are being                                                                         responsiveness to small business. If you
                                                                                                     pursuant to OMB guidance it is exempt
                                             conducted.                                                                                                    wish to comment on actions by
                                                                                                     from the requirements of Executive
                                                                                                                                                           employees of the Coast Guard, call 1–
                                             IV. Discussion of the Rule                              Order 13771.
                                                                                                                                                           888–REG–FAIR (1–888–734–3247). The
                                                                                                        This regulatory action determination
                                                This rule establishes two safety zones                                                                     Coast Guard will not retaliate against
                                                                                                     is based on the size, location, and
                                             on a portion of the Mifflin Range, just                                                                       small entities that question or complain
                                                                                                     duration of the safety zones. Although
                                             upriver of the green 63 buoy, in the                                                                          about this rule or any policy or action
                                                                                                     this regulation will restrict access to
                                             Delaware River from November 6, 2017,                                                                         of the Coast Guard.
                                                                                                     regulated areas, the effect of this rule
                                             through December 4, 2017, unless                        will not be significant because there are             C. Collection of Information
                                             cancelled earlier by the COTP, to                       a number of alternate anchorages
                                             facilitate dredging, dive operations, and                                                                       This rule will not call for a new
                                                                                                     available. Furthermore, vessels may be                collection of information under the
                                             pipeline removal. Dredging operations
                                                                                                     permitted to transit through the safety               Paperwork Reduction Act of 1995 (44
                                             to expose the pipeline will commence
                                                                                                     zone with the permission of the COTP                  U.S.C. 3501–3520).
                                             on November 6, 2017. The hopper
                                                                                                     or make satisfactory passing
                                             dredge 549 will be conducting the                                                                             D. Federalism and Indian Tribal
                                                                                                     arrangements with the towing vessel
                                             dredging operations and will be                                                                               Governments
                                                                                                     SHELBY in accordance with this rule
                                             attended by the towing vessel SHELBY.
                                                                                                     and the Rules of the Road (33 CFR                        A rule has implications for federalism
                                             Dive operations will commence
                                                                                                     subchapter E). Extensive notification of              under Executive Order 13132,
                                             approximately one week after the
                                                                                                     the safety zones to the maritime public               Federalism, if it has a substantial direct
                                             completion of dredging operations and
                                                                                                     will be made via maritime advisories                  effect on the States, on the relationship
                                             will continue through completion of
                                             removal of the pipeline.                                allowing mariners to alter their plans                between the national government and
                                                Safety zone one includes all navigable               accordingly.                                          the States, or on the distribution of
                                             waters within 250 yards of the dredge                   B. Impact on Small Entities                           power and responsibilities among the
                                             barge 549 and associated pipeline                                                                             various levels of government. We have
                                                                                                        The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                             removal equipment, to include any
                                             equipment located within Anchorage 9                    1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                             near the entrance to Mantua Creek                       requires Federal agencies to consider                 with the fundamental federalism
                                             found in 33 CFR 110.157(a)(10).                         the potential impact of regulations on                principles and preemption requirements
                                                Safety zone two includes all navigable               small entities during rulemaking. The                 described in Executive Order 13132.
                                             waters within 250 yards of the dive                     term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                             barge 543 and all associated pipeline                   businesses, not-for-profit organizations              implications under Executive Order
                                             removal equipment, to include any                       that are independently owned and                      13175, Consultation and Coordination
                                             equipment located within Anchorage 9                    operated and are not dominant in their                with Indian Tribal Governments,
                                             near the entrance to Mantua Creek                       fields, and governmental jurisdictions                because it does not have a substantial
                                             Found in 33 CFR 110.157 (a)(10).                        with populations of less than 50,000.                 direct effect on one or more Indian
                                                Vessels requesting to transit either                 The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                             safety zone must contact the towing                     605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                             vessel SHELBY on VHF–FM channel 13                      significant economic impact on a                      or on the distribution of power and
                                             or 65, at least 1 hour, as well as 30                   substantial number of small entities.                 responsibilities between the Federal
                                             minutes prior to arrival to arrange safe                   While some owners or operators of                  Government and Indian tribes. If you
                                             passage. Vessels may also contact the                   vessels intending to transit the safety               believe this rule has implications for
                                             COTP for permission to enter or transit                 zone may be small entities, for the                   federalism or Indian tribes, please
                                             either safety zone on VHF–FM channel                    reasons stated in section V.A above, this             contact the person listed in the FOR
                                             16.                                                     rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                                                                                     economic impact on any vessel owner                   above.
                                             V. Regulatory Analyses                                  or operator.
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                                               We developed this rule after                             Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                             considering numerous statutes and                       Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                             Executive orders related to rulemaking.                 Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                             Below we summarize our analyses                         we want to assist small entities in                   Federal agencies to assess the effects of
                                             based on a number of these statutes and                 understanding this rule. If the rule                  their discretionary regulatory actions. In
                                             Executive orders, and we discuss First                  would affect your small business,                     particular, the Act addresses actions
                                             Amendment rights of protestors.                         organization, or governmental                         that may result in the expenditure by a


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                                                              Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations                                               51349

                                             State, local, or tribal government, in the                (1) Safety zone one includes all                      Dated: November 1, 2017.
                                             aggregate, or by the private sector of                  navigable waters within 250 yards of the              Scott E. Anderson,
                                             $100,000,000 (adjusted for inflation) or                dredge barge 549 and associated                       Captain, U.S. Coast Guard, Captain of the
                                             more in any one year. Though this rule                  equipment operating in Mifflin Range                  Port, Delaware Bay.
                                             will not result in such an expenditure,                 and Anchorage 9 near the entrance to                  [FR Doc. 2017–24068 Filed 11–3–17; 8:45 am]
                                             we do discuss the effects of this rule                  Mantua Creek, upriver of green buoy 63,               BILLING CODE 9110–04–P
                                             elsewhere in this preamble.                             on the Delaware River.
                                             F. Environment                                            (2) Safety zone two includes all
                                                                                                     navigable waters within 250 yards of the              ENVIRONMENTAL PROTECTION
                                                We have analyzed this rule under                                                                           AGENCY
                                                                                                     dive barge 543 and associated
                                             Department of Homeland Security
                                                                                                     equipment operating in Mifflin range
                                             Management Directive 023–01 and                                                                               40 CFR Part 52
                                                                                                     and Anchorage 9 near the entrance to
                                             Commandant Instruction M16475.lD,
                                             which guide the Coast Guard in                          Mantua Creek, upriver of green buoy 63,               [EPA–R01–OAR–2017–0138; FRL–9970–41–
                                             complying with the National                             on the Delaware River.                                Region 1]
                                             Environmental Policy Act of 1969 (42                      (b) Definitions. (1) Captain of the Port
                                                                                                                                                           Air Plan Approval; New Hampshire;
                                             U.S.C. 4321–4370f), and have                            means the Commander Sector Delaware
                                                                                                                                                           Rules for Open Burning and
                                             determined that this action is a category               Bay or any Coast Guard commissioned,
                                                                                                                                                           Incinerators; Withdrawal of Direct Final
                                             of actions that do not individually or                  warrant, or petty officer who has been                Rule
                                             cumulatively have a significant effect on               authorized by the Captain of the Port to
                                             the human environment. This rule                        act on his behalf.                                    AGENCY: Environmental Protection
                                             involves a safety zone that encompasses                   (2) Designated representative means                 Agency.
                                             all navigable waters within 250 yards of                any Coast Guard commissioned, warrant                 ACTION: Withdrawal of direct final rule.
                                             a dredge, diving operations, pipeline                   or petty officer who has been authorized
                                             removal operations and all associated                   by the Captain of the Port, Delaware                  SUMMARY:   Due to the receipt of an
                                             equipment. It is categorically excluded                 Bay, to assist with the enforcement of                adverse comment, the Environmental
                                             from further review under paragraph                     safety zones described in paragraph (a)               Protection Agency (EPA) is withdrawing
                                             34(g) of Figure 2–1 of the Commandant                                                                         the September 6, 2017 direct final rule
                                                                                                     of this section.
                                             Instruction. A Record of Environmental                                                                        approving a State Implementation Plan
                                             Consideration supporting this                             (c) Regulations. The general safety                 (SIP) revision submitted by the State of
                                             determination is available in the docket                zone regulations found in 33 CFR part                 New Hampshire. New Hampshire’s SIP
                                             where indicated under ADDRESSES.                        165 subpart C apply to the safety zone                revision establishes emission standards
                                                                                                     created by this section.                              and operating practices for incinerators
                                             G. Protest Activities                                                                                         and wood waste burners that are not
                                                                                                        (1) Entry into or transiting within
                                               The Coast Guard respects the First                    either safety zone is prohibited unless               regulated pursuant to federal incinerator
                                             Amendment rights of protesters.                         vessels obtain permission from the                    standards. This action is being taken in
                                             Protesters are asked to contact the                     Captain of the Port via VHF–FM                        accordance with the Clean Air Act.
                                             person listed in the FOR FURTHER                        channel 16, or make satisfactory passing              DATES: The direct final rule was
                                             INFORMATION CONTACT section to                          arrangements via VHF–FM channels 13                   published on September 6, 2017 (82 FR
                                             coordinate protest activities so that your              or 65, with the towing vessel SHELBY                  42037), and is withdrawn effective
                                             message can be received without                         per this section and the rules of the                 November 6, 2017.
                                             jeopardizing the safety or security of                  Road (33 CFR subchapter E). Vessels                   FOR FURTHER INFORMATION CONTACT:
                                             people, places or vessels.                              requesting to transit shall contact the               Alison Simcox, Air Quality Planning
                                             List of Subjects in 33 CFR Part 165                     towing vessel SHELBY on channel 13 or                 Unit, U.S. Environmental Protection
                                                                                                     65, at least 1 hour, as well as 30                    Agency, New England Regional Office, 5
                                               Harbors, Marine Safety, Navigation                    minutes, prior to arrival.                            Post Office Square—Suite 100, (Mail
                                             (water), Reporting and recordkeeping
                                                                                                        (2) Vessels granted permission to                  code OEP05–2), Boston, MA 02109—
                                             requirements, Security measures,
                                                                                                     enter and transit the safety zone must do             3912, telephone (617) 918–1684,
                                             Waterways.
                                                                                                     so in accordance with any directions or               facsimile (617) 918–0684, email
                                               For the reasons discussed in the                                                                            simcox.alison@epa.gov.
                                                                                                     orders of the Captain of the Port, his
                                             preamble, the Coast Guard amends 33
                                                                                                     designated representative, or the towing              SUPPLEMENTARY INFORMATION: In the
                                             CFR part 165 as follows:
                                                                                                     vessel SHELBY. No person or vessel                    direct final rule, EPA stated that if
                                             PART 165—REGULATED NAVIGATION                           may enter or remain in a safety zone                  adverse comments were submitted by
                                             AREAS AND LIMITED ACCESS AREAS                          without permission from the Captain of                October 6, 2017, the rule would be
                                                                                                     the Port or the towing vessel SHELBY.                 withdrawn and not take effect. EPA
                                             ■ 1. The authority citation for part 165                   (3) At least one side of the main                  received an adverse comment prior to
                                             continues to read as follows:                           navigational channel will be kept clear               the close of the comment period and,
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             for safe passage of vessels.                          therefore, is withdrawing the direct final
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     rule. EPA will address the comment in
                                                                                                        (4) This section applies to all vessels            a subsequent final action based upon
                                             Department of Homeland Security Delegation
                                                                                                     that intend to transit through the safety             the proposed rule also published on
                                             No. 0170.1.
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                                                                                                     zone except vessels that are engaged in               September 6, 2017 (82 FR 42054). EPA
                                             ■ 2. Add § 165.T05–1011, to read as                     the following operations: Enforcement
                                             follows:                                                                                                      will not institute a second comment
                                                                                                     of laws; service of aids to navigation,               period on this action.
                                             § 165.T05–1011 Safety Zone, Delaware                    and emergency response.
                                             River; Pipeline Removal.                                   (d) Enforcement periods. This section              List of Subjects in 40 CFR Part 52
                                               (a) Location. The following areas are                 will be enforced from November 6,                       Environmental protection, Air
                                             safety zones:                                           2017, through December, 4 2017.                       pollution control, Carbon monoxide,


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Document Created: 2017-11-07 10:30:20
Document Modified: 2017-11-07 10:30:20
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 from November 6, 2017, through December 4, 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 51347 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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