82 FR 52680 - Safety Zone; Delaware River; Marcus Hook, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 218 (November 14, 2017)

Page Range		52680-52682
FR Document		2017-24554

The Coast Guard proposes to establish a temporary safety zone on the waters of the Delaware River between Marcus Hook Range and Tinicum Range. The safety zone will temporarily restrict vessel traffic from transiting or anchoring in portions of the Delaware River while rock blasting, dredging, and rock removal operations are being conducted to facilitate the Main Channel Deepening project for the Delaware River. The safety zone is needed to protect personnel, vessels, and the marine environment from hazards created by rock blasting, dredging, and rock removal operations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) or his designated representatives. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 218 (Tuesday, November 14, 2017)

[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Proposed Rules]
[Pages 52680-52682]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-24554]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0935]
RIN 1625-AA00

Safety Zone; Delaware River; Marcus Hook, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of the Delaware River between Marcus Hook Range and
Tinicum Range. The safety zone will temporarily restrict vessel traffic
from transiting or anchoring in portions of the Delaware River while
rock blasting, dredging, and rock removal operations are being
conducted to facilitate the Main Channel Deepening project for the
Delaware River. The safety zone is needed to protect personnel,
vessels, and the marine environment from hazards created by rock
blasting, dredging, and rock removal operations. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port (COTP) or his designated representatives. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before November 21, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0935 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Petty Officer Amanda Boone, Waterways
Management Branch, U.S. Coast Guard Sector Delaware Bay; telephone
(215) 271-4889, email Amanda.N.Boone@uscg.mil.

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, Purpose, and Legal Basis

The Army Corps of Engineers notified the Coast Guard that Great
Lakes Dredging and Dock Company will be conducting rock blasting,
dredging, and rock removal operations, beginning November 30, 2017
through March 15, 2018, to facilitate the deepening of the main
navigational channel to the new project depth of 45 feet. The COTP has
determined that potential hazards associated with rock blasting,
dredging, and rock removal operations will be a safety concern for
anyone within 500 yards of the drill boat APACHE or dredges TEXAS and
NEW YORK.
The purpose of this proposed rulemaking is to ensure the safety of
personnel, vessels, and the marine environment within a 500-yard radius
of rock blasting, dredging, and rock removal operations. The Coast
Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

This proposed rule would establish a safety zone from November 30,
2017 through March 15, 2018. The safety zone will cover all navigable
waters in the Delaware River within 500 yards of vessels and machinery
being used by personnel to conduct rock blasting, dredging, and rock
removal operations between Marcus Hook Range and Tinicum Range. The
safety zone will be enforced in an area and in a manner that does not
conflict with transiting commercial and recreational traffic, except
for the short periods of time when explosive detonation are being
conducted. The explosive detonation will not occur more than three
times a day. At all other times, at least one side of the main
navigational channel will be open for vessels to transit.
The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters while operations
are being conducted. For the duration of the project, in the vicinity
of the rock blasting, rock removal, and dredging operation, one side of
the main navigational channel will be closed. Vessels wishing to
transit the safety zone in the main navigational channel may do so if
they can make satisfactory passing arrangements with drill boat APACHE
or the dredges TEXAS and NEW YORK in accordance with the Navigational
Rules in 33 CFR subchapter E via VHF-FM channel 13 at least 30 minutes
prior to arrival. If vessels are unable to make satisfactory passing
arrangements with the drill boat APACHE or the dredges TEXAS and NEW
YORK, they may request permission from the COTP, or his designated
representative, on VHF-FM channel 16. All vessels must operate at the
minimum safe speed necessary to maintain steerage and reduce wake.
No vessels may transit through the safety zone during times of
explosive detonation. During explosive detonation, vessels will be
required to maintain a 500 yard distance from the drill boat APACHE.
The drill boat APACHE will make broadcasts via VHF-FM channels 13 and
16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well
as a countdown to detonation on VHF-FM channel 16. Sector Delaware Bay
will ensure notice is given to the maritime community of dates and
times of blasting via broadcast notice to mariners on VHF-FM channel
16. After every explosive detonation, a survey will be conducted to
ensure the navigational channel is clear for vessels to transit. The
drill boat APACHE will broadcast via VHF-FM channel 13 and 16, when the
survey has been completed and the channel is clear to transit. Vessels
wishing to transit the safety zone in the main navigational channel may
do so if they can make satisfactory passing arrangements with drill
boat APACHE or the dredges TEXAS and NEW YORK in accordance with the
Navigational Rules in 33 CFR subchapter E via VHF-FM channel 13 at
least 30 minutes prior to arrival. If vessels are unable to make
satisfactory passing arrangements with the drill boat APACHE or the
dredge TEXAS and NEW YORK, they may request permission from the COTP,
or his designated representative, on VHF-FM channel 16.

[[Page 52681]]

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (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, duration, and traffic management of the safety zone. The
Coast Guard does not anticipate a significant economic impact because
the safety zone will be enforced in an area and in a manner that does
not conflict with transiting commercial and recreational traffic,
except for the short periods of time when explosive detonations are
being conducted. The blasting detonations will not occur more than
three times a day. At all other times, at least one side of the main
navigational channel will be open for vessels to transit. Moreover, the
Coast Guard will work in coordination with the pilots to ensure vessel
traffic is limited during the times of detonation and Broadcast Notice
to Mariners are made via VHF-FM marine channel 13 and 16 when blasting
operations will occur.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to anchor in or
transit the safety zone may be small entities, for the reasons stated
in section IV.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone that would prohibit entry within 500 yards of rock blasting,
dredging, and rock removal. Normally such actions are categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of
Commandant Instruction M16475.lD. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment

[[Page 52682]]

applies, and provide a reason for each suggestion or recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR 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.T05-0935, to read as follows:

Sec. 165.T05-0935 Safety Zone, Delaware River; Marcus Hook, PA

(a) Location. The following area is a safety zone: all the
navigable waters of the Delaware River within 500 yards of vessels and
machinery performing rock blasting, rock removal, and dredging
operations, between Marcus Hook Range and Tinicum Range.
(b) Definitions. As used in this section:
(1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port to assist with enforcement of the safety zone described in
paragraph (a) of this section.
(c) Regulations. (1) Vessels wishing to transit the safety zone in
the main navigational channel may do so if they can make satisfactory
passing arrangements with the drill boat APACHE or the dredges TEXAS
and NEW YORK, as applicable, in accordance with the Navigational Rules
in 33 CFR subchapter E via VHF-FM channel 13 at least 30 minutes prior
to arrival. If vessels are unable to make satisfactory passing
arrangements with the drill boat APACHE or the dredges TEXAS and NEW
YORK, they may request permission from the Captain of the Port, or his
designated representative, on VHF-FM channel 16.
(2) The operator of any vessel requesting to transit through the
safety zone shall proceed as directed by the drill boat APACHE, the
dredges TEXAS and NEW YORK, or the designated representative of the
Captain of the Port and must operate at the minimum safe speed
necessary to maintain steerage and reduce wake.
(3) No vessels may transit through the safety zone during times of
explosive detonation. During explosive detonation, vessels will be
required to maintain a 500 yard distance from the drill boat APACHE.
The drill boat APACHE will make broadcasts, via VHF-FM Channel 13 and
16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well
as a countdown to detonation on VHF-FM Channel 16.
(4) After every explosive detonation a survey will be conducted by
the dredging contractor to ensure the navigational channel is clear for
vessels to transit. The drill boat APACHE will broadcast, via VHF-FM
channel 13 and 16, when the survey has been completed and the channel
is clear to transit. Vessels requesting to transit through the safety
zone shall proceed as directed by the Captain of the Port and contact
the drill boat APACHE on VHF-FM channel 13 to make safe passing
arrangements.
(d) Enforcement. The U.S. Coast Guard may be assisted by federal,
state and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This rule will be enforced from December
01, 2017, through March 15, 2018, unless cancelled earlier by the
Captain of the Port.

Dated: November 7, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-24554 Filed 11-13-17; 8:45 am]
BILLING CODE 9110-04-P

52680 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules

■ 2. From February 28, 2018 to www.regulations.gov. See the ‘‘Public day. At all other times, at least one side
September 30, 2019 revise § 117.149 to Participation and Request for of the main navigational channel will be
read as follows: Comments’’ portion of the open for vessels to transit.
SUPPLEMENTARY INFORMATION section for The duration of the zone is intended
§ 117.149 China Basin, Mission Creek. further instructions on submitting to protect personnel, vessels, and the
(a) The draw of the 3rd Street bridge, comments. marine environment in these navigable
mile 0.0, at San Francisco, need not be waters while operations are being
FOR FURTHER INFORMATION CONTACT: If
opened for the passage of vessels. The conducted. For the duration of the
you have questions about this
draw shall be returned to operable project, in the vicinity of the rock
rulemaking, call or email Petty Officer
condition within 45 days after blasting, rock removal, and dredging
Amanda Boone, Waterways
notification by the District Commander operation, one side of the main
Management Branch, U.S. Coast Guard
to do so. navigational channel will be closed.
(b) The draw of the 4th Street bridge, Sector Delaware Bay; telephone (215)
271–4889, email Amanda.N.Boone@ Vessels wishing to transit the safety
mile 0.2, at San Francisco, shall open on zone in the main navigational channel
signal if at least one hour notice is uscg.mil.
SUPPLEMENTARY INFORMATION:
may do so if they can make satisfactory
given. passing arrangements with drill boat
Dated: November 7, 2017. I. Table of Abbreviations APACHE or the dredges TEXAS and
Todd A. Sokalzuk, CFR Code of Federal Regulations NEW YORK in accordance with the
Rear Admiral, U.S. Coast Guard, Commander, COTP Captain of the Port Navigational Rules in 33 CFR
Eleventh Coast Guard District. DHS Department of Homeland Security subchapter E via VHF–FM channel 13 at
[FR Doc. 2017–24593 Filed 11–13–17; 8:45 am] FR Federal Register least 30 minutes prior to arrival. If
BILLING CODE 9110–04–P
NPRM Notice of proposed rulemaking vessels are unable to make satisfactory
§ Section passing arrangements with the drill boat
U.S.C. United States Code
APACHE or the dredges TEXAS and
DEPARTMENT OF HOMELAND II. Background, Purpose, and Legal NEW YORK, they may request
SECURITY Basis permission from the COTP, or his
The Army Corps of Engineers notified designated representative, on VHF–FM
Coast Guard channel 16. All vessels must operate at
the Coast Guard that Great Lakes
Dredging and Dock Company will be the minimum safe speed necessary to
33 CFR Part 165 maintain steerage and reduce wake.
conducting rock blasting, dredging, and
[Docket Number USCG–2017–0935] rock removal operations, beginning No vessels may transit through the
November 30, 2017 through March 15, safety zone during times of explosive
RIN 1625–AA00
2018, to facilitate the deepening of the detonation. During explosive
Safety Zone; Delaware River; Marcus main navigational channel to the new detonation, vessels will be required to
Hook, NJ project depth of 45 feet. The COTP has maintain a 500 yard distance from the
determined that potential hazards drill boat APACHE. The drill boat
AGENCY: Coast Guard, DHS. associated with rock blasting, dredging, APACHE will make broadcasts via
ACTION: Notice of proposed rulemaking. and rock removal operations will be a VHF–FM channels 13 and 16, at 15
safety concern for anyone within 500 minutes, 5 minutes, and 1 minute prior
SUMMARY: The Coast Guard proposes to to detonation, as well as a countdown
establish a temporary safety zone on the yards of the drill boat APACHE or
dredges TEXAS and NEW YORK. to detonation on VHF–FM channel 16.
waters of the Delaware River between Sector Delaware Bay will ensure notice
The purpose of this proposed
Marcus Hook Range and Tinicum is given to the maritime community of
rulemaking is to ensure the safety of
Range. The safety zone will temporarily dates and times of blasting via broadcast
personnel, vessels, and the marine
restrict vessel traffic from transiting or notice to mariners on VHF–FM channel
environment within a 500-yard radius of
anchoring in portions of the Delaware 16. After every explosive detonation, a
rock blasting, dredging, and rock
River while rock blasting, dredging, and survey will be conducted to ensure the
removal operations. The Coast Guard
rock removal operations are being navigational channel is clear for vessels
proposes this rulemaking under
conducted to facilitate the Main to transit. The drill boat APACHE will
authority in 33 U.S.C. 1231.
Channel Deepening project for the broadcast via VHF–FM channel 13 and
Delaware River. The safety zone is III. Discussion of Proposed Rule 16, when the survey has been completed
needed to protect personnel, vessels, This proposed rule would establish a and the channel is clear to transit.
and the marine environment from safety zone from November 30, 2017 Vessels wishing to transit the safety
hazards created by rock blasting, through March 15, 2018. The safety zone in the main navigational channel
dredging, and rock removal operations. zone will cover all navigable waters in may do so if they can make satisfactory
Entry of vessels or persons into this the Delaware River within 500 yards of passing arrangements with drill boat
zone is prohibited unless specifically vessels and machinery being used by APACHE or the dredges TEXAS and
authorized by the Captain of the Port personnel to conduct rock blasting, NEW YORK in accordance with the
(COTP) or his designated dredging, and rock removal operations Navigational Rules in 33 CFR
representatives. We invite your between Marcus Hook Range and subchapter E via VHF–FM channel 13 at
jstallworth on DSKBBY8HB2PROD with PROPOSALS

comments on this proposed rulemaking. Tinicum Range. The safety zone will be least 30 minutes prior to arrival. If
DATES: Comments and related material enforced in an area and in a manner that vessels are unable to make satisfactory
must be received by the Coast Guard on does not conflict with transiting passing arrangements with the drill boat
or before November 21, 2017. commercial and recreational traffic, APACHE or the dredge TEXAS and
ADDRESSES: You may submit comments except for the short periods of time NEW YORK, they may request
identified by docket number USCG– when explosive detonation are being permission from the COTP, or his
2017–0935 using the Federal conducted. The explosive detonation designated representative, on VHF–FM
eRulemaking Portal at http:// will not occur more than three times a channel 16.

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Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules 52681

IV. Regulatory Analyses the safety zone may be small entities, for E. Unfunded Mandates Reform Act
We developed this proposed rule after the reasons stated in section IV.A above, The Unfunded Mandates Reform Act
considering numerous statutes and this rule will not have a significant of 1995 (2 U.S.C. 1531–1538) requires
Executive orders related to rulemaking. economic impact on any vessel owner Federal agencies to assess the effects of
Below we summarize our analyses or operator. their discretionary regulatory actions. In
based on a number of these statutes and If you think that your business, particular, the Act addresses actions
Executive orders and we discuss First organization, or governmental that may result in the expenditure by a
Amendment rights of protestors. jurisdiction qualifies as a small entity State, local, or tribal government, in the
and that this rule would have a aggregate, or by the private sector of
A. Regulatory Planning and Review significant economic impact on it, $100,000,000 (adjusted for inflation) or
Executive Orders 12866 and 13563 please submit a comment (see more in any one year. Though this
direct agencies to assess the costs and ADDRESSES) explaining why you think it
proposed rule would not result in such
benefits of available regulatory qualifies and how and to what degree an expenditure, we do discuss the
alternatives and, if regulation is this rule would economically affect it. effects of this rule elsewhere in this
necessary, to select regulatory Under section 213(a) of the Small
preamble.
approaches that maximize net benefits. Business Regulatory Enforcement
Executive Order 13771 directs agencies Fairness Act of 1996 (Pub. L. 104–121), F. Environment
to control regulatory costs through a we want to assist small entities in We have analyzed this proposed rule
budgeting process. This NPRM has not understanding this proposed rule. If the under Department of Homeland
been designated a ‘‘significant rule would affect your small business, Security Management Directive 023–01
regulatory action,’’ under Executive organization, or governmental and Commandant Instruction
Order 12866. Accordingly, the NPRM jurisdiction and you have questions M16475.lD, which guide the Coast
has not been reviewed by the Office of concerning its provisions or options for Guard in complying with the National
Management and Budget (OMB), and compliance, please contact the person Environmental Policy Act of 1969 (42
pursuant to OMB guidance it is exempt listed in the FOR FURTHER INFORMATION U.S.C. 4321–4370f), and have made a
from the requirements of Executive CONTACT section. The Coast Guard will preliminary determination that this
Order 13771. not retaliate against small entities that action is one of a category of actions that
This regulatory action determination question or complain about this do not individually or cumulatively
is based on the size, location, duration, proposed rule or any policy or action of have a significant effect on the human
and traffic management of the safety the Coast Guard. environment. This proposed rule
zone. The Coast Guard does not C. Collection of Information involves a safety zone that would
anticipate a significant economic impact prohibit entry within 500 yards of rock
because the safety zone will be enforced This proposed rule would not call for blasting, dredging, and rock removal.
in an area and in a manner that does not a new collection of information under Normally such actions are categorically
conflict with transiting commercial and the Paperwork Reduction Act of 1995 excluded from further review under
recreational traffic, except for the short (44 U.S.C. 3501–3520). paragraph 34(g) of Figure 2–1 of
periods of time when explosive D. Federalism and Indian Tribal Commandant Instruction M16475.lD. A
detonations are being conducted. The Governments preliminary Record of Environmental
blasting detonations will not occur more Consideration supporting this
than three times a day. At all other A rule has implications for federalism
determination is available in the docket
times, at least one side of the main under Executive Order 13132,
where indicated under ADDRESSES. We
navigational channel will be open for Federalism, if it has a substantial direct
seek any comments or information that
vessels to transit. Moreover, the Coast effect on the States, on the relationship
may lead to the discovery of a
Guard will work in coordination with between the national government and
significant environmental impact from
the pilots to ensure vessel traffic is the States, or on the distribution of this proposed rule.
limited during the times of detonation power and responsibilities among the
and Broadcast Notice to Mariners are various levels of government. We have G. Protest Activities
made via VHF–FM marine channel 13 analyzed this proposed rule under that The Coast Guard respects the First
and 16 when blasting operations will Order and have determined that it is Amendment rights of protesters.
occur. consistent with the fundamental Protesters are asked to contact the
federalism principles and preemption person listed in the FOR FURTHER
B. Impact on Small Entities requirements described in Executive INFORMATION CONTACT section to
The Regulatory Flexibility Act of Order 13132. coordinate protest activities so that your
1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have message can be received without
requires Federal agencies to consider tribal implications under Executive jeopardizing the safety or security of
the potential impact of regulations on Order 13175, Consultation and people, places, or vessels.
small entities during rulemaking. The Coordination with Indian Tribal
term ‘‘small entities’’ comprises small Governments, because it would not have V. Public Participation and Request for
businesses, not-for-profit organizations a substantial direct effect on one or Comments
that are independently owned and more Indian tribes, on the relationship We view public participation as
operated and are not dominant in their between the Federal Government and essential to effective rulemaking, and
jstallworth on DSKBBY8HB2PROD with PROPOSALS

fields, and governmental jurisdictions Indian tribes, or on the distribution of will consider all comments and material
with populations of less than 50,000. power and responsibilities between the received during the comment period.
The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. Your comment can help shape the
605(b) that this proposed rule would not If you believe this proposed rule has outcome of this rulemaking. If you
have a significant economic impact on implications for federalism or Indian submit a comment, please include the
a substantial number of small entities. tribes, please contact the person listed docket number for this rulemaking,
While some owners or operators of in the FOR FURTHER INFORMATION indicate the specific section of this
vessels intending to anchor in or transit CONTACT section. document to which each comment

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Document Created: 2018-10-25 10:33:56
Document Modified: 2018-10-25 10:33:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before November 21, 2017.
Contact		If you have questions about this rulemaking, call or email Petty Officer Amanda Boone, Waterways Management Branch, U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4889, email [email protected]
FR Citation		82 FR 52680
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 52680 - Safety Zone; Delaware River; Marcus Hook, NJ

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 218 (November 14, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard