82_FR_56397 82 FR 56170 - Safety Zone; Delaware River, Pipeline Removal, Marcus Hook, PA

82 FR 56170 - Safety Zone; Delaware River, Pipeline Removal, Marcus Hook, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 227 (November 28, 2017)

Page Range56170-56172
FR Document2017-25613

The Coast Guard is establishing a temporary safety zone for navigable waters within a 250-yard radius of Commerce Construction vessels and machinery conducting diving and pipeline removal operations in the Delaware River, in the vicinity of Anchorage 7, near Marcus Hook, PA. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by diving and pipeline removal operations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Delaware Bay.

Federal Register, Volume 82 Issue 227 (Tuesday, November 28, 2017)
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Rules and Regulations]
[Pages 56170-56172]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25613]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1053]
RIN 1625-AA00


Safety Zone; Delaware River, Pipeline Removal, Marcus Hook, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 250-yard radius of Commerce Construction 
vessels and machinery conducting diving and pipeline removal operations 
in the Delaware River, in the vicinity of Anchorage 7, near Marcus 
Hook, PA. The safety zone is needed to protect personnel, vessels, and 
the marine environment from potential hazards created by diving and 
pipeline removal operations. Entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the Port 
Delaware Bay.

DATES: This rule is effective without actual notice from November 28, 
2017 through December 8, 2017. For the purposes of enforcement, actual 
notice will be used from November 21, 2017 through November 28, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1053 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 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].

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 because notification of this pipeline removal 
project was not given to the Coast Guard until November 15, 2017. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by November 21, 2017.
    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 because immediate action is needed to 
address the potential safety hazards associated with diving and 
pipeline removal operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Delaware Bay has determined that 
potential hazards associated with diving and pipe removal operations 
starting November 21, 2017, will be a safety concern for anyone within 
a 250-yard radius of diving and pipe removal vessels and machinery. 
This rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone while the 
operations are being conducted.

IV. Discussion of the Rule

    This rule establishes a safety zone from 5:00 a.m. to 7:00 p.m., 
Monday through Sunday, from November 21, 2017 through December 8, 2017. 
The safety zone will cover all navigable waters within 250 yards of 
vessels and machinery being used by personnel to conduct diving and 
pipe removal operations. There are three sections of pipeline that will 
be removed. The first two sections of pipeline to be removed are in 
Anchorage No. 7, Marcus Hook Anchorage, in the Delaware River. During 
removal of these sections of pipeline, the safety zone will restrict 
vessels from anchoring in the lower portion of Anchorage No. 7. During 
removal of the third section of pipeline, operations will be conducted 
within the main navigational channel and vessels will be required to 
transit through the lower portion of Anchorage No. 7.
    No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or a designated 
representative. Vessels wishing to transit the safety zone in the main 
navigational channel may do so if they can make satisfactory passing 
arrangements with the towing vessel JOKER in accordance with the 
Navigational Rules in 33 CFR subchapter E via VHF-FM channel 13 or 80 
at least 1 hour, as well as 30 minutes, prior to arrival to arrange 
safe passage. If vessels are unable to make satisfactory passing 
arrangements with the towing vessel JOKER, 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. The Coast Guard will issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16, Local Notice 
to Mariners, and Marine Safety Information Bulletin further defining 
specific work locations and traffic patterns.

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

[[Page 56171]]

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 size, location, 
duration, and time-of-day of the safety zone. Vessel traffic will be 
able to safely transit around this safety zone which would impact a 
small designated area of the Delaware River from 5:00 a.m. to 7:00 
p.m., Monday through Sunday from November 21, 2017 through December 8, 
2017 Moreover, the Coast Guard will issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16, Local Notice to Mariners, and 
Marine Safety Information Bulletin about the zone, and the rule would 
allow vessels to seek permission to enter the zone.

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 State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone that will prohibit entry within 250 yards 
of vessels and machinery being used by personnel to conduct diving and 
pipe removal operations. 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.T05-1053 to read as follows:


Sec.  165.T05-1053  Safety Zone, Delaware River; Pipeline Removal; 
Marcus Hook, PA

    (a) Location. The following areas are safety zones: all navigable 
waters within 250 yards of the towing vessel JOKER, Commerce 
Construction crane barge KELLY, and associated diving and pipe removal 
vessels, as well as any associated equipment, operating in Marcus Hook 
Range and Anchorage No. 7 near Marcus Hook, PA, on the Delaware River.
    (b) Definitions. (1) Captain of the Port means the Commander, 
Sector Delaware Bay or any Coast Guard commissioned,

[[Page 56172]]

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 80, with the towing vessel JOKER per this 
section and the rules of the Road (33 CFR subchapter E). Vessels 
requesting to transit shall contact the towing vessel JOKER on channel 
13 or 80 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 JOKER. 
No person or vessel may enter or remain in a safety zone without 
permission from the Captain of the Port or the towing vessel JOKER.
    (3) There are three sections of pipeline that will be removed. The 
first two sections of pipeline to be removed are in Anchorage No. 7, 
Marcus Hook Anchorage, in the Delaware River. During removal of these 
sections of pipeline, the safety zone will restrict vessels from 
anchoring in the lower portion of Anchorage No. 7.
    (4) During removal of the third section of pipeline, operations 
will be conducted within the main navigational channel and vessels will 
be required to transit through the lower portion of Anchorage No. 7. 
The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16, Local Notice to Mariners, and Marine Safety 
Information Bulletin further defining specific work locations and 
traffic patterns.
    (5) All vessels must operate at the minimum safe speed necessary to 
maintain steerage and reduce wake.
    (6) 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 21, 2017, through December 8, 2017.

    Dated: November 20, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-25613 Filed 11-27-17; 8:45 am]
BILLING CODE 9110-04-P



                                                56170            Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Rules and Regulations

                                                *      *     *       *      *                           rulemaking, call or email Petty Officer               IV. Discussion of the Rule
                                                  Issued in Washington, DC, on November                 Amanda Boone, Waterways                                  This rule establishes a safety zone
                                                21, 2017, by the Commission.                            Management Branch, U.S. Coast Guard                   from 5:00 a.m. to 7:00 p.m., Monday
                                                Christopher J. Kirkpatrick,                             Sector Delaware Bay; telephone (215)                  through Sunday, from November 21,
                                                Secretary of the Commission.                            271–4889, email Amanda.N.Boone@                       2017 through December 8, 2017. The
                                                                                                        uscg.mil.                                             safety zone will cover all navigable
                                                  Note: The following appendix will not
                                                appear in the Code of Federal Regulations.              SUPPLEMENTARY INFORMATION:                            waters within 250 yards of vessels and
                                                                                                                                                              machinery being used by personnel to
                                                Appendix to Margin Requirements for                     I. Table of Abbreviations                             conduct diving and pipe removal
                                                Uncleared Swaps for Swap Dealers and                    CFR Code of Federal Regulations                       operations. There are three sections of
                                                Major Swap Participants; Correction—                    COTP Captain of the Port                              pipeline that will be removed. The first
                                                Commission Voting Summary                               DHS Department of Homeland Security                   two sections of pipeline to be removed
                                                                                                        FR Federal Register                                   are in Anchorage No. 7, Marcus Hook
                                                  On this matter, Chairman Giancarlo and                NPRM Notice of proposed rulemaking                    Anchorage, in the Delaware River.
                                                Commissioners Quintenz and Behnam voted                 § Section                                             During removal of these sections of
                                                in the affirmative. No Commissioner voted in            U.S.C. United States Code                             pipeline, the safety zone will restrict
                                                the negative.
                                                                                                                                                              vessels from anchoring in the lower
                                                [FR Doc. 2017–25627 Filed 11–27–17; 8:45 am]            II. Background Information and
                                                                                                                                                              portion of Anchorage No. 7. During
                                                BILLING CODE 6351–01–P                                  Regulatory History
                                                                                                                                                              removal of the third section of pipeline,
                                                                                                           The Coast Guard is issuing this                    operations will be conducted within the
                                                                                                        temporary rule without prior notice and               main navigational channel and vessels
                                                DEPARTMENT OF HOMELAND                                  opportunity to comment pursuant to                    will be required to transit through the
                                                SECURITY                                                authority under section 4(a) of the                   lower portion of Anchorage No. 7.
                                                                                                        Administrative Procedure Act (APA) (5                    No vessel or person will be permitted
                                                Coast Guard                                                                                                   to enter the safety zone without
                                                                                                        U.S.C. 553(b)). This provision
                                                                                                        authorizes an agency to issue a rule                  obtaining permission from the COTP or
                                                33 CFR Part 165                                                                                               a designated representative. Vessels
                                                                                                        without prior notice and opportunity to
                                                [Docket Number USCG–2017–1053]                          comment when the agency for good                      wishing to transit the safety zone in the
                                                RIN 1625–AA00                                           cause finds that those procedures are                 main navigational channel may do so if
                                                                                                        ‘‘impracticable, unnecessary, or contrary             they can make satisfactory passing
                                                Safety Zone; Delaware River, Pipeline                   to the public interest.’’ Under 5 U.S.C.              arrangements with the towing vessel
                                                Removal, Marcus Hook, PA                                553(b)(B), the Coast Guard finds that                 JOKER in accordance with the
                                                                                                        good cause exists for not publishing a                Navigational Rules in 33 CFR
                                                AGENCY:     Coast Guard, DHS.                                                                                 subchapter E via VHF–FM channel 13 or
                                                                                                        notice of proposed rulemaking (NPRM)
                                                ACTION:    Temporary final rule.                        with respect to this rule because                     80 at least 1 hour, as well as 30 minutes,
                                                                                                        notification of this pipeline removal                 prior to arrival to arrange safe passage.
                                                SUMMARY:   The Coast Guard is
                                                                                                        project was not given to the Coast Guard              If vessels are unable to make satisfactory
                                                establishing a temporary safety zone for
                                                                                                        until November 15, 2017. It is                        passing arrangements with the towing
                                                navigable waters within a 250-yard
                                                radius of Commerce Construction                         impracticable to publish an NPRM                      vessel JOKER, they may request
                                                vessels and machinery conducting                        because we must establish this safety                 permission from the COTP, or his
                                                diving and pipeline removal operations                  zone by November 21, 2017.                            designated representative, on VHF–FM
                                                in the Delaware River, in the vicinity of                                                                     channel 16. All vessels must operate at
                                                                                                           Under 5 U.S.C. 553(d)(3), the Coast
                                                Anchorage 7, near Marcus Hook, PA.                                                                            the minimum safe speed necessary to
                                                                                                        Guard finds that good cause exists for
                                                The safety zone is needed to protect                                                                          maintain steerage and reduce wake. The
                                                                                                        making this rule effective less than 30
                                                personnel, vessels, and the marine                                                                            Coast Guard will issue a Broadcast
                                                                                                        days after publication in the Federal
                                                environment from potential hazards                                                                            Notice to Mariners via VHF–FM marine
                                                                                                        Register. Delaying the effective date of
                                                created by diving and pipeline removal                                                                        channel 16, Local Notice to Mariners,
                                                                                                        this rule would be impracticable
                                                operations. Entry of vessels or persons                                                                       and Marine Safety Information Bulletin
                                                                                                        because immediate action is needed to
                                                into this zone is prohibited unless                                                                           further defining specific work locations
                                                                                                        address the potential safety hazards
                                                specifically authorized by the Captain of                                                                     and traffic patterns.
                                                                                                        associated with diving and pipeline
                                                the Port Delaware Bay.                                  removal operations.                                   V. Regulatory Analyses
                                                DATES: This rule is effective without                                                                           We developed this rule after
                                                                                                        III. Legal Authority and Need for Rule
                                                actual notice from November 28, 2017                                                                          considering numerous statutes and
                                                through December 8, 2017. For the                         The Coast Guard is issuing this rule                Executive orders related to rulemaking.
                                                purposes of enforcement, actual notice                  under authority in 33 U.S.C. 1231. The                Below we summarize our analyses
                                                will be used from November 21, 2017                     Captain of the Port Delaware Bay has                  based on a number of these statutes and
                                                through November 28, 2017.                              determined that potential hazards                     Executive orders, and we discuss First
                                                ADDRESSES: To view documents                            associated with diving and pipe removal               Amendment rights of protestors.
                                                mentioned in this preamble as being                     operations starting November 21, 2017,
                                                available in the docket, go to http://                  will be a safety concern for anyone                   A. Regulatory Planning and Review
jstallworth on DSKBBY8HB2PROD with RULES




                                                www.regulations.gov, type USCG–2017–                    within a 250-yard radius of diving and                   Executive Orders 12866 and 13563
                                                1053 in the ‘‘SEARCH’’ box and click                    pipe removal vessels and machinery.                   direct agencies to assess the costs and
                                                ‘‘SEARCH.’’ Click on Open Docket                        This rule is needed to protect personnel,             benefits of available regulatory
                                                Folder on the line associated with this                 vessels, and the marine environment in                alternatives and, if regulation is
                                                rule.                                                   the navigable waters within the safety                necessary, to select regulatory
                                                FOR FURTHER INFORMATION CONTACT: If                     zone while the operations are being                   approaches that maximize net benefits.
                                                you have questions about this                           conducted.                                            Executive Order 13771 directs agencies


                                           VerDate Sep<11>2014   15:23 Nov 27, 2017   Jkt 244001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\28NOR1.SGM   28NOR1


                                                                 Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Rules and Regulations                                        56171

                                                to control regulatory costs through a                   Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                budgeting process. This rule has not                    Ombudsman evaluates these actions                     which guide the Coast Guard in
                                                been designated a ‘‘significant                         annually and rates each agency’s                      complying with the National
                                                regulatory action,’’ under Executive                    responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                                Order 12866. Accordingly, this rule has                 wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                                not been reviewed by the Office of                      employees of the Coast Guard, call 1–                 determined that this action is one of a
                                                Management and Budget (OMB), and                        888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                                pursuant to OMB guidance it is exempt                   Coast Guard will not retaliate against                individually or cumulatively have a
                                                from the requirements of Executive                      small entities that question or complain              significant effect on the human
                                                Order 13771.                                            about this rule or any policy or action               environment. This rule involves a safety
                                                   This regulatory action determination                 of the Coast Guard.                                   zone that will prohibit entry within 250
                                                is based on size, location, duration, and                                                                     yards of vessels and machinery being
                                                time-of-day of the safety zone. Vessel                  C. Collection of Information
                                                                                                                                                              used by personnel to conduct diving
                                                traffic will be able to safely transit                    This rule will not call for a new                   and pipe removal operations. It is
                                                around this safety zone which would                     collection of information under the                   categorically excluded from further
                                                impact a small designated area of the                   Paperwork Reduction Act of 1995 (44                   review under paragraph 34(g) of Figure
                                                Delaware River from 5:00 a.m. to 7:00                   U.S.C. 3501–3520).                                    2–1 of the Commandant Instruction. A
                                                p.m., Monday through Sunday from                                                                              Record of Environmental Consideration
                                                November 21, 2017 through December                      D. Federalism and Indian Tribal
                                                                                                        Governments                                           supporting this determination is
                                                8, 2017 Moreover, the Coast Guard will                                                                        available in the docket where indicated
                                                issue a Broadcast Notice to Mariners via                   A rule has implications for federalism             under ADDRESSES.
                                                VHF–FM marine channel 16, Local                         under Executive Order 13132,
                                                Notice to Mariners, and Marine Safety                   Federalism, if it has a substantial direct            G. Protest Activities
                                                Information Bulletin about the zone,                    effect on the States, on the relationship               The Coast Guard respects the First
                                                and the rule would allow vessels to seek                between the national government and                   Amendment rights of protesters.
                                                permission to enter the zone.                           the States, or on the distribution of                 Protesters are asked to contact the
                                                                                                        power and responsibilities among the                  person listed in the FOR FURTHER
                                                B. Impact on Small Entities
                                                                                                        various levels of government. We have                 INFORMATION CONTACT section to
                                                   The Regulatory Flexibility Act of                    analyzed this rule under that Order and               coordinate protest activities so that your
                                                1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 message can be received without
                                                requires Federal agencies to consider                   with the fundamental federalism                       jeopardizing the safety or security of
                                                the potential impact of regulations on                  principles and preemption requirements                people, places or vessels.
                                                small entities during rulemaking. The                   described in Executive Order 13132.
                                                term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                                businesses, not-for-profit organizations                implications under Executive Order                      Harbors, Marine safety, Navigation
                                                that are independently owned and                        13175, Consultation and Coordination                  (water), Reporting and recordkeeping
                                                operated and are not dominant in their                  with Indian Tribal Governments,                       requirements, Security measures,
                                                fields, and governmental jurisdictions                  because it does not have a substantial                Waterways.
                                                with populations of less than 50,000.                   direct effect on one or more Indian                     For the reasons discussed in the
                                                The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               preamble, the Coast Guard amends 33
                                                605(b) that this rule will not have a                   Federal Government and Indian tribes,                 CFR part 165 as follows:
                                                significant economic impact on a                        or on the distribution of power and
                                                substantial number of small entities.                   responsibilities between the Federal                  PART 165—REGULATED NAVIGATION
                                                   While some owners or operators of                    Government and Indian tribes. If you                  AREAS AND LIMITED ACCESS AREAS
                                                vessels intending to transit the safety                 believe this rule has implications for
                                                zone may be small entities, for the                     federalism or Indian tribes, please                   ■ 1. The authority citation for part 165
                                                reasons stated in section V.A above, this               contact the person listed in the FOR                  continues to read as follows:
                                                rule will not have a significant                        FURTHER INFORMATION CONTACT section                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                economic impact on any vessel owner                     above.                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                or operator.                                                                                                  Department of Homeland Security Delegation
                                                   Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       No. 0170.1.
                                                Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    ■ 2. Add § 165.T05–1053 to read as
                                                Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 follows:
                                                we want to assist small entities in                     Federal agencies to assess the effects of
                                                understanding this rule. If the rule                    their discretionary regulatory actions. In            § 165.T05–1053 Safety Zone, Delaware
                                                would affect your small business,                       particular, the Act addresses actions                 River; Pipeline Removal; Marcus Hook, PA
                                                organization, or governmental                           that may result in the expenditure by a                 (a) Location. The following areas are
                                                jurisdiction and you have questions                     State, local, or tribal government, in the            safety zones: all navigable waters within
                                                concerning its provisions or options for                aggregate, or by the private sector of                250 yards of the towing vessel JOKER,
                                                compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              Commerce Construction crane barge
                                                listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                KELLY, and associated diving and pipe
                                                CONTACT section.                                        will not result in such an expenditure,               removal vessels, as well as any
jstallworth on DSKBBY8HB2PROD with RULES




                                                   Small businesses may send comments                   we do discuss the effects of this rule                associated equipment, operating in
                                                on the actions of Federal employees                     elsewhere in this preamble.                           Marcus Hook Range and Anchorage No.
                                                who enforce, or otherwise determine                                                                           7 near Marcus Hook, PA, on the
                                                compliance with, Federal regulations to                 F. Environment                                        Delaware River.
                                                the Small Business and Agriculture                        We have analyzed this rule under                      (b) Definitions. (1) Captain of the Port
                                                Regulatory Enforcement Ombudsman                        Department of Homeland Security                       means the Commander, Sector Delaware
                                                and the Regional Small Business                         Management Directive 023–01 and                       Bay or any Coast Guard commissioned,


                                           VerDate Sep<11>2014   15:23 Nov 27, 2017   Jkt 244001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\28NOR1.SGM   28NOR1


                                                56172            Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Rules and Regulations

                                                warrant, or petty officer who has been                    Dated: November 20, 2017.                           FR 46672), EPA stated that if it received
                                                authorized by the Captain of the Port to                Scott E. Anderson,                                    adverse comment by November 6, 2017,
                                                act on his behalf.                                      Captain, U.S. Coast Guard, Captain of the             the rule would be withdrawn and not
                                                   (2) Designated representative means                  Port, Delaware Bay.                                   take effect. EPA received adverse
                                                any Coast Guard commissioned, warrant                   [FR Doc. 2017–25613 Filed 11–27–17; 8:45 am]          comments. EPA will address the
                                                or petty officer who has been authorized                BILLING CODE 9110–04–P                                comments in a subsequent final action
                                                by the Captain of the Port, Delaware                                                                          based upon the proposed action also
                                                Bay, to assist with the enforcement of                                                                        published on October 6, 2017 at 82 FR
                                                safety zones described in paragraph (a)                 ENVIRONMENTAL PROTECTION                              46742. EPA will not institute a second
                                                of this section.                                                                                              comment period on this action.
                                                                                                        AGENCY
                                                   (c) Regulations. The general safety
                                                zone regulations found in 33 CFR part                                                                         List of Subjects in 40 CFR Part 52
                                                                                                        40 CFR Part 52
                                                165 subpart C apply to the safety zone                                                                          Environmental protection, Air
                                                created by this section.                                [EPA–R07–OAR–2017–0515; FRL–9971–22–                  pollution control, Incorporation by
                                                   (1) Entry into or transiting within                  Region 7]
                                                                                                                                                              reference, Intergovernmental relations,
                                                either safety zone is prohibited unless                                                                       Reporting and recordkeeping
                                                vessels obtain permission from the                      Approval of Missouri Air Quality
                                                                                                        Implementation Plans; Infrastructure                  requirements, Sulfur dioxide.
                                                Captain of the Port via VHF–FM
                                                                                                        SIP Requirements for the 2010 Sulfur                    Dated: November 16, 2017.
                                                channel 16, or make satisfactory passing
                                                arrangements via VHF–FM channels 13                     Dioxide National Ambient Air Quality                  James B. Gulliford,
                                                or 80, with the towing vessel JOKER per                 Standard; Withdrawal of Direct Final                  Regional Administrator, Region 7.
                                                this section and the rules of the Road                  Rule
                                                                                                                                                              ■ Accordingly, the amendment to 40
                                                (33 CFR subchapter E). Vessels                          AGENCY: Environmental Protection                      CFR 52.1320(e) published on October 6,
                                                requesting to transit shall contact the                 Agency (EPA).                                         2017 (82 FR 46672) is withdrawn
                                                towing vessel JOKER on channel 13 or                    ACTION: Withdrawal of direct final rule.              effective November 28, 2017.
                                                80 at least 1 hour, as well as 30 minutes,                                                                    [FR Doc. 2017–25568 Filed 11–27–17; 8:45 am]
                                                prior to arrival.                                       SUMMARY:    Due to adverse comments, the              BILLING CODE 6560–50–P
                                                   (2) Vessels granted permission to                    Environmental Protection Agency (EPA)
                                                enter and transit the safety zone must do               is withdrawing the direct final rule for
                                                so in accordance with any directions or                 ‘‘Approval of Missouri Air Quality                    ENVIRONMENTAL PROTECTION
                                                orders of the Captain of the Port, his                  Implementation Plans; Infrastructure                  AGENCY
                                                designated representative, or the towing                SIP Requirements for the 2010 Sulfur
                                                vessel JOKER. No person or vessel may                   Dioxide National Ambient Air Quality                  40 CFR Part 52
                                                enter or remain in a safety zone without                Standard’’ published in the Federal
                                                                                                                                                              [EPA–R07–OAR–2015–0356; FRL–9971–21–
                                                permission from the Captain of the Port                 Register on October 6, 2017. The direct               Region 7]
                                                or the towing vessel JOKER.                             final rule was an approval of a State
                                                   (3) There are three sections of                      Implementation Plan (SIP) revision from               Approval of Missouri Air Quality
                                                pipeline that will be removed. The first                the State of Missouri for the 2010 Sulfur             Implementation Plans; Infrastructure
                                                two sections of pipeline to be removed                  Dioxide (SO2) National Ambient Air                    SIP Requirements for the 2008 Ozone
                                                are in Anchorage No. 7, Marcus Hook                     Quality Standard (NAAQS). Section 110                 National Ambient Air Quality Standard;
                                                Anchorage, in the Delaware River.                       of the CAA requires that each state                   Withdrawal of Direct Final Rule
                                                During removal of these sections of                     adopt and submit a SIP for the
                                                pipeline, the safety zone will restrict                 implementation, maintenance, and                      AGENCY: Environmental Protection
                                                vessels from anchoring in the lower                     enforcement of each new or revised                    Agency (EPA).
                                                portion of Anchorage No. 7.                             NAAQS promulgated by EPA. These                       ACTION: Withdrawal of direct final rule.
                                                   (4) During removal of the third section              SIPs are commonly referred to as
                                                of pipeline, operations will be                                                                               SUMMARY:    Due to adverse comments, the
                                                                                                        ‘‘infrastructure’’ SIPs. The infrastructure
                                                conducted within the main navigational                                                                        Environmental Protection Agency (EPA)
                                                                                                        requirements are designed to ensure that
                                                channel and vessels will be required to                                                                       is withdrawing the direct final rule for
                                                                                                        the structural components of each
                                                transit through the lower portion of                                                                          ‘‘Approval of Missouri Air Quality
                                                                                                        state’s air quality management program
                                                Anchorage No. 7. The Coast Guard will                                                                         Implementation Plans; Infrastructure
                                                                                                        are adequate to meet the state’s
                                                issue a Broadcast Notice to Mariners via                                                                      SIP Requirements for the 2008 Ozone
                                                                                                        responsibilities under the CAA.
                                                VHF–FM marine channel 16, Local                                                                               National Ambient Air Quality
                                                                                                        DATES: The direct final rule published at             Standard’’ published in the Federal
                                                Notice to Mariners, and Marine Safety                   82 FR 46672, October 6, 2017, is
                                                Information Bulletin further defining                                                                         Register on October 6, 2017. The direct
                                                                                                        withdrawn effective November 28, 2017.                final rule was an approval of a State
                                                specific work locations and traffic
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      Implementation Plan (SIP) revision from
                                                patterns.
                                                   (5) All vessels must operate at the                  Tracey Casburn, Environmental                         the State of Missouri for the 2008 Ozone
                                                minimum safe speed necessary to                         Protection Agency, Air Planning and                   National Ambient Air Quality Standard
                                                maintain steerage and reduce wake.                      Development Branch, 11201 Renner                      (NAAQS). Section 110 of the CAA
                                                   (6) This section applies to all vessels              Boulevard, Lenexa, Kansas 66219 at                    requires that each state adopt and
                                                that intend to transit through the safety               (913) 551–7016, or by email at                        submit a SIP for the implementation,
jstallworth on DSKBBY8HB2PROD with RULES




                                                zone except vessels that are engaged in                 casburn.tracey@epa.gov.                               maintenance, and enforcement of each
                                                the following operations: enforcement of                SUPPLEMENTARY INFORMATION: Due to                     new or revised NAAQS promulgated by
                                                laws, service of aids to navigation, and                adverse comments, EPA is withdrawing                  EPA. These SIPs are commonly referred
                                                emergency response.                                     the direct final rule to approve the states           to as ‘‘infrastructure’’ SIPs. The
                                                   (d) Enforcement periods. This section                ‘‘infrastructure’’ SIP revision for the               infrastructure requirements are designed
                                                will be enforced from November 21,                      2010 SO2 NAAQS. In the direct final                   to ensure that the structural components
                                                2017, through December 8, 2017.                         rule published on October 6, 2017 (82                 of each state’s air quality management


                                           VerDate Sep<11>2014   15:23 Nov 27, 2017   Jkt 244001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\28NOR1.SGM   28NOR1



Document Created: 2017-11-28 01:50:47
Document Modified: 2017-11-28 01:50:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from November 28, 2017 through December 8, 2017. For the purposes of enforcement, actual notice will be used from November 21, 2017 through November 28, 2017.
ContactIf 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 Citation82 FR 56170 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR