82_FR_56794 82 FR 56566 - Safety Zone; Delaware River, Marcus Hook, PA

82 FR 56566 - Safety Zone; Delaware River, Marcus Hook, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 228 (November 29, 2017)

Page Range56566-56568
FR Document2017-25749

The Coast Guard is establishing 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 COTP or his designated representatives.

Federal Register, Volume 82 Issue 228 (Wednesday, November 29, 2017)
[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Rules and Regulations]
[Pages 56566-56568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25749]


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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, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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 COTP or his designated 
representatives.

DATES: This rule is effective from November 30, 2017 through March 15, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0935 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 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 Captain 
of the Port (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. In response, on November 14, 2017, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Delaware River, Marcus Hook, PA (82 FR 52680.) There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to this safety

[[Page 56567]]

zone. During the comment period that ended November 21, 2017, we 
received one comment.
    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 
respond to the potential safety hazards associated with rock blasting 
and dredging operations in the Delaware River.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that there are potential hazards 
associated with the rock blasting and dredging operations. The purpose 
of this 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

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published 
November 14, 2017. The comment stated that the proposed safety zone 
would be helpful to protect personnel while rock blasting is occurring. 
The Coast thanks the commenter for their support. There are no changes 
in the regulatory text of this rule from the proposed rule in the NPRM, 
other than a correction of the beginning of the enforcement date in 
paragraph (e). While the preamble of the NPRM correctly stated that 
enforcement would begin on November 30, 2017, the draft regulatory text 
incorrectly stated that enforcement would begin on December 1, 2017.
    This rule establishes a safety zone from November 30, 2017 through 
March 15, 2018. The safety zone covers all navigable waters in the 
Delaware River within 500 yards of vessels and machinery being used 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 detonations are being conducted and shortly 
thereafter, when the channel is being surveyed to ensure the 
navigational channel is clear for vessels to transit. These 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. This rule describes communications for notifying 
waterway users of upcoming detonations and provides means for waterway 
users to request entry into the safety zone.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, 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 received no comments from the Small Business 
Administration on this rulemaking. 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

[[Page 56568]]

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.

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 to protect waterway users that would 
prohibit entry within 500 yards of rock blasting, dredging, and rock 
removal. 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 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.T05-0935 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, 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 November 
30, 2017, through March 15, 2018, unless cancelled earlier by the 
Captain of the Port.

    Dated: November 22, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-25749 Filed 11-28-17; 8:45 am]
 BILLING CODE 9110-04-P



                                             56566        Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations

                                             rule does not include any federal                       Details on the estimated cost savings                 the Delaware River while rock blasting,
                                             mandate that we expect would result in                  can be found in the rule’s economic                   dredging, and rock removal operations
                                             such expenditures by state, local, or                   analysis. The action is deregulatory as it            are being conducted to facilitate the
                                             tribal governments, or the private sector.              merely delays the effective date, hence               Main Channel Deepening project for the
                                             The Department also does not expect                     stakeholders do not have to comply                    Delaware River. The safety zone is
                                             that the final rule will have any material              with the regulation until April 1, 2018.              needed to protect personnel, vessels,
                                             economic impacts on State, local or                                                                           and the marine environment from
                                             tribal governments, or on health, safety,               List of Subjects in 29 CFR Part 2560
                                                                                                                                                           hazards created by rock blasting,
                                             or the natural environment.                               Claims, Employee benefit plans.                     dredging, and rock removal operations.
                                                                                                       For the reasons stated above, the                   Entry of vessels or persons into this
                                             7. Federalism Statement
                                                                                                     Department amends 29 CFR part 2560 as                 zone is prohibited unless specifically
                                                Executive Order 13132 outlines                       follows:                                              authorized by the COTP or his
                                             fundamental principles of federalism,                                                                         designated representatives.
                                             and requires the adherence to specific                  PART 2560—RULES AND
                                                                                                                                                           DATES: This rule is effective from
                                             criteria by federal agencies in the                     REGULATIONS FOR ADMINISTRATION
                                                                                                                                                           November 30, 2017 through March 15,
                                             process of their formulation and                        AND ENFORCEMENT
                                                                                                                                                           2018.
                                             implementation of policies that have
                                             ‘‘substantial direct effects’’ on the                   ■ 1. The authority citation for part 2560             ADDRESSES: To view documents
                                             States, the relationship between the                    continues to read as follows:                         mentioned in this preamble as being
                                             national government and States, or on                      Authority: 29 U.S.C. 1132, 1135, and               available in the docket, go to http://
                                             the distribution of power and                           Secretary of Labor’s Order 1–2011, 77 FR              www.regulations.gov, type USCG–2017–
                                             responsibilities among the various                      1088 (Jan. 9, 2012). Section 2560.503–1 also          0935 in the ‘‘SEARCH’’ box and click
                                             levels of government. Federal agencies                  issued under 29 U.S.C. 1133. Section                  ‘‘SEARCH.’’ Click on Open Docket
                                             promulgating regulations that have                      2560.502c–7 also issued under 29 U.S.C.               Folder on the line associated with this
                                             federalism implications must consult                    1132(c)(7). Section 2560.502c–4 also issued           rule.
                                             with State and local officials and                      under 29 U.S.C. 1132(c)(4). Section
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT: If
                                                                                                     2560.502c–8 also issued under 29 U.S.C.
                                             describe the extent of their consultation               1132(c)(8).                                           you have questions about this
                                             and the nature of the concerns of State                                                                       rulemaking, call or email Petty Officer
                                             and local officials in the preamble to the              § 2560.503–1      [Amended]                           Amanda Boone, Waterways
                                             Final Rule.                                             ■ 2. Section 2560.503–1 is amended by                 Management Branch, U.S. Coast Guard
                                                This final rule does not have                                                                              Sector Delaware Bay; telephone (215)
                                                                                                     removing ‘‘on or after January 1, 2018’’
                                             federalism implications because it                                                                            271–4889, email Amanda.N.Boone@
                                                                                                     and adding in its place ‘‘after April 1,
                                             merely delays the applicability date of                                                                       uscg.mil.
                                                                                                     2018’’ in paragraph (p)(3) and by
                                             the rule. Therefore, the final rule has no
                                                                                                     removing the date ‘‘December 31, 2017’’               SUPPLEMENTARY INFORMATION:
                                             substantial direct effect on the States,
                                                                                                     and adding in its place ‘‘April 1, 2018’’
                                             the relationship between the national                                                                         I. Table of Abbreviations
                                                                                                     in paragraph (p)(4).
                                             government and the States, or the
                                                                                                       Signed at Washington, DC, this 22nd day             CFR Code of Federal Regulations
                                             distribution of power and                                                                                     COTP Captain of the Port
                                             responsibilities among the various                      of November 2017.
                                                                                                                                                           DHS Department of Homeland Security
                                             levels of government. In compliance                     Jeanne Klinefelter Wilson,                            FR Federal Register
                                             with the requirement of Executive Order                 Acting Assistant Secretary, Employee Benefits         NPRM Notice of proposed rulemaking
                                             13132 that agencies examine closely any                 Security Administration, Department of                § Section
                                             policies that may have federalism                       Labor.                                                U.S.C. United States Code
                                             implications or limit the policy making                 [FR Doc. 2017–25729 Filed 11–24–17; 11:15 am]
                                                                                                                                                           II. Background Information and
                                             discretion of the States, the Department                BILLING CODE 4510–29–P
                                                                                                                                                           Regulatory History
                                             welcomes input from States regarding
                                             this assessment.                                                                                                 The Army Corps of Engineers notified
                                                                                                     DEPARTMENT OF HOMELAND                                the Coast Guard that Great Lakes
                                             8. Executive Order 13771: Reducing                                                                            Dredging and Dock Company will be
                                                                                                     SECURITY
                                             Regulation and Controlling Regulatory                                                                         conducting rock blasting, dredging, and
                                             Costs                                                   Coast Guard                                           rock removal operations, beginning
                                                Executive Order 13771, titled                                                                              November 30, 2017 through March 15,
                                             Reducing Regulation and Controlling                     33 CFR Part 165                                       2018, to facilitate the deepening of the
                                             Regulatory Costs, was issued on January                 [Docket Number USCG–2017–0935]
                                                                                                                                                           main navigational channel to the new
                                             30, 2017. Section 2(a) of E.O. 13771                                                                          project depth of 45 feet. The Captain of
                                             requires an agency, unless prohibited by                RIN 1625–AA00                                         the Port (COTP) has determined that
                                             law, to identify at least two existing                                                                        potential hazards associated with rock
                                             regulations to be repealed when the                     Safety Zone; Delaware River, Marcus                   blasting, dredging, and rock removal
                                             agency publicly proposes for notice and                 Hook, PA                                              operations will be a safety concern for
                                             comment, or otherwise promulgates, a                    AGENCY:    Coast Guard, DHS.                          anyone within 500 yards of the drill
                                             new regulation. In furtherance of this                  ACTION:   Temporary final rule.                       boat APACHE or dredges TEXAS and
                                             requirement, section 2(c) of E.O. 13771                                                                       NEW YORK. In response, on November
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                                             requires that the new incremental costs                 SUMMARY:   The Coast Guard is                         14, 2017, the Coast Guard published a
                                             associated with new regulations shall, to               establishing a temporary safety zone on               notice of proposed rulemaking (NPRM)
                                             the extent permitted by law, be offset by               the waters of the Delaware River                      titled Safety Zone; Delaware River,
                                             the elimination of existing costs                       between Marcus Hook Range and                         Marcus Hook, PA (82 FR 52680.) There
                                             associated with at least two prior                      Tinicum Range. The safety zone will                   we stated why we issued the NPRM,
                                             regulations. This final rule is considered              temporarily restrict vessel traffic from              and invited comments on our proposed
                                             an E.O. 13771 deregulatory action.                      transiting or anchoring in portions of                regulatory action related to this safety


                                        VerDate Sep<11>2014   15:16 Nov 28, 2017   Jkt 244001   PO 00000   Frm 00036   Fmt 4700   Sfmt 4700   E:\FR\FM\29NOR1.SGM   29NOR1


                                                          Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations                                         56567

                                             zone. During the comment period that                    describes communications for notifying                The Coast Guard received no comments
                                             ended November 21, 2017, we received                    waterway users of upcoming                            from the Small Business Administration
                                             one comment.                                            detonations and provides means for                    on this rulemaking. The Coast Guard
                                               Under 5 U.S.C. 553(d)(3), the Coast                   waterway users to request entry into the              certifies under 5 U.S.C. 605(b) that this
                                             Guard finds that good cause exists for                  safety zone.                                          rule will not have a significant
                                             making this rule effective less than 30                                                                       economic impact on a substantial
                                             days after publication in the Federal                   V. Regulatory Analyses
                                                                                                                                                           number of small entities.
                                             Register. Delaying the effective date of                  We developed this rule after                           While some owners or operators of
                                             this rule would be impracticable                        considering numerous statutes and                     vessels intending to transit the safety
                                             because immediate action is needed to                   Executive orders related to rulemaking.               zone may be small entities, for the
                                             respond to the potential safety hazards                 Below we summarize our analyses                       reasons stated in section V.A above, this
                                             associated with rock blasting and                       based on a number of these statutes and               rule will not have a significant
                                             dredging operations in the Delaware                     Executive orders, and we discuss First                economic impact on any vessel owner
                                             River.                                                  Amendment rights of protestors.                       or operator.
                                                                                                     A. Regulatory Planning and Review                        Under section 213(a) of the Small
                                             III. Legal Authority and Need for Rule
                                                                                                                                                           Business Regulatory Enforcement
                                                The Coast Guard is issuing this rule                    Executive Orders 12866 and 13563                   Fairness Act of 1996 (Pub. L. 104–121),
                                             under authority in 33 U.S.C. 1231. The                  direct agencies to assess the costs and               we want to assist small entities in
                                             COTP has determined that there are                      benefits of available regulatory                      understanding this rule. If the rule
                                             potential hazards associated with the                   alternatives and, if regulation is                    would affect your small business,
                                             rock blasting and dredging operations.                  necessary, to select regulatory                       organization, or governmental
                                             The purpose of this rulemaking is to                    approaches that maximize net benefits.                jurisdiction and you have questions
                                             ensure the safety of personnel, vessels,                Executive Order 13771 directs agencies                concerning its provisions or options for
                                             and the marine environment within a                     to control regulatory costs through a                 compliance, please contact the person
                                             500-yard radius of rock blasting,                       budgeting process. This rule has not                  listed in the FOR FURTHER INFORMATION
                                             dredging, and rock removal operations                   been designated a ‘‘significant                       CONTACT section.
                                                                                                     regulatory action,’’ under Executive                     Small businesses may send comments
                                             IV. Discussion of Comments, Changes,
                                                                                                     Order 12866. Accordingly, this rule has               on the actions of Federal employees
                                             and the Rule
                                                                                                     not been reviewed by the Office of                    who enforce, or otherwise determine
                                                As noted above, we received one                      Management and Budget (OMB), and                      compliance with, Federal regulations to
                                             comment on our NPRM published                           pursuant to OMB guidance it is exempt                 the Small Business and Agriculture
                                             November 14, 2017. The comment                          from the requirements of Executive                    Regulatory Enforcement Ombudsman
                                             stated that the proposed safety zone                    Order 13771.                                          and the Regional Small Business
                                             would be helpful to protect personnel                      This regulatory action determination               Regulatory Fairness Boards. The
                                             while rock blasting is occurring. The                   is based on the size, location, duration,             Ombudsman evaluates these actions
                                             Coast thanks the commenter for their                    and traffic management of the safety                  annually and rates each agency’s
                                             support. There are no changes in the                    zone. The Coast Guard does not                        responsiveness to small business. If you
                                             regulatory text of this rule from the                   anticipate a significant economic impact              wish to comment on actions by
                                             proposed rule in the NPRM, other than                   because the safety zone will be enforced              employees of the Coast Guard, call 1–
                                             a correction of the beginning of the                    in an area and in a manner that does not              888–REG–FAIR (1–888–734–3247). The
                                             enforcement date in paragraph (e).                      conflict with transiting commercial and               Coast Guard will not retaliate against
                                             While the preamble of the NPRM                          recreational traffic, except for the short            small entities that question or complain
                                             correctly stated that enforcement would                 periods of time when explosive                        about this rule or any policy or action
                                             begin on November 30, 2017, the draft                   detonations are being conducted. The                  of the Coast Guard.
                                             regulatory text incorrectly stated that                 blasting detonations will not occur more
                                             enforcement would begin on December                     than three times a day. At all other                  C. Collection of Information
                                             1, 2017.                                                times, at least one side of the main                    This rule will not call for a new
                                                This rule establishes a safety zone                  navigational channel will be open for                 collection of information under the
                                             from November 30, 2017 through March                    vessels to transit. Moreover, the Coast               Paperwork Reduction Act of 1995 (44
                                             15, 2018. The safety zone covers all                    Guard will work in coordination with                  U.S.C. 3501–3520).
                                             navigable waters in the Delaware River                  the pilots to ensure vessel traffic is
                                             within 500 yards of vessels and                         limited during the times of detonation                D. Federalism and Indian Tribal
                                             machinery being used to conduct rock                    and Broadcast Notice to Mariners are                  Governments
                                             blasting, dredging, and rock removal                    made via VHF–FM marine channel 13                        A rule has implications for federalism
                                             operations between Marcus Hook Range                    and 16 when blasting operations will                  under Executive Order 13132,
                                             and Tinicum Range. The safety zone                      occur.                                                Federalism, if it has a substantial direct
                                             will be enforced in an area and in a                                                                          effect on the States, on the relationship
                                             manner that does not conflict with                      B. Impact on Small Entities                           between the national government and
                                             transiting commercial and recreational                     The Regulatory Flexibility Act of                  the States, or on the distribution of
                                             traffic, except for the short periods of                1980, 5 U.S.C. 601–612, as amended,                   power and responsibilities among the
                                             time when explosive detonations are                     requires Federal agencies to consider                 various levels of government. We have
                                             being conducted and shortly thereafter,                 the potential impact of regulations on                analyzed this rule under that Order and
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                                             when the channel is being surveyed to                   small entities during rulemaking. The                 have determined that it is consistent
                                             ensure the navigational channel is clear                term ‘‘small entities’’ comprises small               with the fundamental federalism
                                             for vessels to transit. These detonations               businesses, not-for-profit organizations              principles and preemption requirements
                                             will not occur more than three times a                  that are independently owned and                      described in Executive Order 13132.
                                             day. At all other times, at least one side              operated and are not dominant in their                   Also, this rule does not have tribal
                                             of the main navigational channel will be                fields, and governmental jurisdictions                implications under Executive Order
                                             open for vessels to transit. This rule                  with populations of less than 50,000.                 13175, Consultation and Coordination


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                                             56568        Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations

                                             with Indian Tribal Governments,                           For the reasons discussed in the                    to detonation, as well as a countdown
                                             because it does not have a substantial                  preamble, the Coast Guard amends 33                   to detonation on VHF–FM Channel 16.
                                             direct effect on one or more Indian                     CFR part 165 as follows:                                (4) After every explosive detonation a
                                             tribes, on the relationship between the                                                                       survey will be conducted by the
                                             Federal Government and Indian tribes,                   PART 165—REGULATED NAVIGATION                         dredging contractor to ensure the
                                             or on the distribution of power and                     AREAS AND LIMITED ACCESS AREAS                        navigational channel is clear for vessels
                                             responsibilities between the Federal                                                                          to transit. The drill boat APACHE will
                                             Government and Indian tribes. If you                    ■ 1. The authority citation for part 165              broadcast, via VHF–FM channel 13 and
                                             believe this rule has implications for                  continues to read as follows:                         16, when the survey has been completed
                                             federalism or Indian tribes, please                       Authority: 33 U.S.C 1231; 50 U.S.C. 191;            and the channel is clear to transit.
                                             contact the person listed in the FOR                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Vessels requesting to transit through the
                                             FURTHER INFORMATION CONTACT section.                    Department of Homeland Security Delegation            safety zone shall proceed as directed by
                                                                                                     No. 0170.1.                                           the Captain of the Port and contact the
                                             E. Unfunded Mandates Reform Act
                                                                                                     ■ 2. Add § 165.T05–0935 to read as                    drill boat APACHE on VHF–FM channel
                                               The Unfunded Mandates Reform Act                      follows:                                              13 to make safe passing arrangements.
                                             of 1995 (2 U.S.C. 1531–1538) requires                                                                           (d) Enforcement. The U.S. Coast
                                             Federal agencies to assess the effects of               § 165.T05–0935 Safety Zone, Delaware                  Guard may be assisted by federal, state
                                             their discretionary regulatory actions. In              River; Marcus Hook, PA.                               and local agencies in the patrol and
                                             particular, the Act addresses actions                      (a) Location. The following area is a              enforcement of the zone.
                                             that may result in the expenditure by a                 safety zone: all the navigable waters of                (e) Enforcement period. This rule will
                                             State, local, or tribal government, in the              the Delaware River within 500 yards of                be enforced from November 30, 2017,
                                             aggregate, or by the private sector of                  vessels and machinery performing rock                 through March 15, 2018, unless
                                             $100,000,000 (adjusted for inflation) or                blasting, rock removal, and dredging                  cancelled earlier by the Captain of the
                                             more in any one year. Though this rule                  operations, between Marcus Hook Range                 Port.
                                             will not result in such an expenditure,                 and Tinicum Range.                                      Dated: November 22, 2017.
                                             we do discuss the effects of this rule                     (b) Definitions. As used in this
                                             elsewhere in this preamble.                                                                                   Scott E. Anderson,
                                                                                                     section, designated representative
                                                                                                                                                           Captain, U.S. Coast Guard, Captain of the
                                             F. Environment                                          means any Coast Guard commissioned,                   Port, Delaware Bay.
                                                                                                     warrant, or petty officer who has been
                                                We have analyzed this rule under                     authorized by the Captain of the Port to
                                                                                                                                                           [FR Doc. 2017–25749 Filed 11–28–17; 8:45 am]
                                             Department of Homeland Security                         assist with enforcement of the safety                 BILLING CODE 9110–04–P
                                             Management Directive 023–01 and                         zone described in paragraph (a) of this
                                             Commandant Instruction M16475.lD,                       section.
                                             which guide the Coast Guard in                                                                                DEPARTMENT OF HOMELAND
                                                                                                        (c) Regulations. (1) Vessels wishing to            SECURITY
                                             complying with the National
                                                                                                     transit the safety zone in the main
                                             Environmental Policy Act of 1969 (42
                                                                                                     navigational channel may do so if they                Coast Guard
                                             U.S.C. 4321–4370f), and have
                                                                                                     can make satisfactory passing
                                             determined that this action is one of a
                                                                                                     arrangements with the drill boat                      33 CFR Part 165
                                             category of actions that do not
                                                                                                     APACHE or the dredges TEXAS and
                                             individually or cumulatively have a                                                                           [Docket Number USCG–2017–0977]
                                                                                                     NEW YORK, as applicable, in
                                             significant effect on the human
                                                                                                     accordance with the Navigational Rules
                                             environment. This rule involves a safety                                                                      RIN 1625–AA00
                                                                                                     in 33 CFR subchapter E via VHF–FM
                                             zone to protect waterway users that
                                                                                                     channel 13 at least 30 minutes prior to               Safety Zone, Savannah River,
                                             would prohibit entry within 500 yards
                                                                                                     arrival. If vessels are unable to make                Savannah, GA
                                             of rock blasting, dredging, and rock
                                                                                                     satisfactory passing arrangements with
                                             removal. It is categorically excluded
                                                                                                     the drill boat APACHE or the dredges                  AGENCY:    Coast Guard, DHS.
                                             from further review under paragraph
                                                                                                     TEXAS and NEW YORK, they may                          ACTION:   Temporary final rule.
                                             34(g) of Figure 2–1 of the Commandant
                                                                                                     request permission from the Captain of
                                             Instruction. A Record of Environmental                                                                        SUMMARY:   The Coast Guard is
                                                                                                     the Port, or his designated
                                             Consideration supporting this                                                                                 establishing a temporary safety zone for
                                                                                                     representative, on VHF–FM channel 16.
                                             determination is available in the docket                                                                      navigable waters around the M/V
                                                                                                        (2) The operator of any vessel
                                             where indicated under ADDRESSES.                                                                              SWAN during its transit from the
                                                                                                     requesting to transit through the safety
                                             G. Protest Activities                                   zone shall proceed as directed by the                 Savannah River entry point to Garden
                                               The Coast Guard respects the First                    drill boat APACHE, the dredges TEXAS                  City Terminal in Savannah, GA and
                                             Amendment rights of protesters.                         and NEW YORK, or the designated                       during cargo operations. The safety zone
                                             Protesters are asked to contact the                     representative of the Captain of the Port             is needed to protect personnel, vessels,
                                             person listed in the FOR FURTHER                        and must operate at the minimum safe                  and the marine environment from
                                             INFORMATION CONTACT section to                          speed necessary to maintain steerage                  potential hazards created by the
                                             coordinate protest activities so that your              and reduce wake.                                      transport and offloading of oversized
                                             message can be received without                            (3) No vessels may transit through the             cranes. Entry of vessels or persons into
                                             jeopardizing the safety or security of                  safety zone during times of explosive                 this zone is prohibited unless
pmangrum on DSK3GDR082PROD with RULES




                                             people, places or vessels.                              detonation. During explosive                          specifically authorized by the Captain of
                                                                                                     detonation, vessels will be required to               the Port (COTP) Savannah or a
                                             List of Subjects 33 CFR Part 165                        maintain a 500 yard distance from the                 designated representative.
                                               Harbors, Marine safety, Navigation                    drill boat APACHE. The drill boat                     DATES: This rule is effective without
                                             (water), Reporting and recordkeeping                    APACHE will make broadcasts, via                      actual notice from November 29, 2017,
                                             requirements, Security measures,                        VHF–FM Channel 13 and 16, at 15                       through December 2, 2017. For the
                                             Waterways.                                              minutes, 5 minutes, and 1 minute prior                purposes of enforcement, actual notice


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Document Created: 2017-11-29 01:26:27
Document Modified: 2017-11-29 01:26:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from November 30, 2017 through March 15, 2018.
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 56566 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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