83_FR_12169 83 FR 12115 - Safety Zone; Delaware River, Diving Operation, Marcus Hook, PA

83 FR 12115 - Safety Zone; Delaware River, Diving Operation, Marcus Hook, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 54 (March 20, 2018)

Page Range12115-12117
FR Document2018-05567

The Coast Guard is establishing a safety zone encompassing all navigable waters within a 250-yard radius of Commerce Construction vessels and machinery conducting survey and diving 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 survey and diving 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 83 Issue 54 (Tuesday, March 20, 2018)
[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)]
[Rules and Regulations]
[Pages 12115-12117]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05567]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0158]
RIN 1625-AA00


Safety Zone; Delaware River, Diving Operation, Marcus Hook, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone encompassing all 
navigable waters within a 250-yard radius of Commerce Construction 
vessels and machinery conducting survey and diving 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 survey and diving 
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 March 20, 
2018, through 6 p.m. on March 22, 2018. For the purposes of 
enforcement, actual notice will be used from 6 a.m. on March 15, 2018, 
through March 20, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0158 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

    On March 11, 2018, the Coast Guard was notified of survey and 
diving operations that will be taking place from March 15, 2018 through 
March 22, 2018, in Marcus Hook Anchorage No. 7, on the Delaware River. 
The COTP has determined that a safety zone is necessary to mitigate the 
hazards involving survey and diving operations. The safety zone covers 
all navigable waters within 250 yards of vessels and machinery being 
used by personnel to conduct survey and diving operations.
    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 the survey and diving 
operations was not given to the Coast Guard until March 11, 2018. It is 
impracticable and contrary to the public interest to publish an NPRM 
because we must establish this safety zone by March 15, 2018 to protect 
persons involved with the survey and diving operations as well members 
of the public who may be near those operations.
    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 survey and diving 
operations.

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 potential hazards associated with 
survey and diving operations starting March 15, 2018, 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 6 a.m. Monday, March 15, 
2018, through 6 p.m. Friday, March 22, 2018. Notification of dates and 
times of safety zone enforcement will be sent to the maritime community 
via Broadcast Notice to Mariners and Marine Safety Information 
Bulletins. Marine Safety Information Bulletins may be obtained from 
https://homeport.uscg.mil/port-directory/delaware-bay or by calling the 
Coast Guard Delaware Bay Command Center at 215-271-4807. The safety 
zone will cover all navigable waters within 250 yards of survey and 
diving operation vessels, as well as any associated equipment, 
operating in Marcus Hook Anchorage No. 7 near Marcus Hook, PA, on the 
Delaware River. The work will be conducted in the southern most portion 
of the Anchorage on the eastern side adjacent to the New Jersey 
shoreline. During diving and removal operations, the safety zone will 
restrict vessels from

[[Page 12116]]

anchoring in the lower portion of Anchorage No. 7.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on size, location, 
duration, and time-of-day of the safety zone. The safety zone which 
will impact a small designated area of the Marcus Hook Anchorage No. 7, 
in the Delaware River, from 6 a.m. through 6 p.m., Monday through 
Friday, beginning March 15, 2018 through March 22, 2018. Vessel traffic 
will be able to safely transit the main navigational channel during 
that time. 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.

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 anchor in 
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 
Directive 023-01 and Commandant Instruction M16475.1D, 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 survey and 
diving operation vessels, as well as any associated equipment, 
operating in Marcus Hook Anchorage No. 7 near Marcus Hook, PA, on the 
Delaware River. It is categorically excluded from further review under 
paragraph L[60a] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. 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:

[[Page 12117]]

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.T05-0158 to read as follows:


Sec.  165.T05-0158   Safety Zone, Delaware River; Diving Operations; 
Marcus Hook, PA.

    (a) Location. The following areas are safety zones: all navigable 
waters within 250 yards of survey and diving operation vessels, as well 
as any associated equipment, operating in Marcus Hook 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, 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 
subpart C of this part apply to the safety zone created by this 
section.
    (1) Entry into or transiting within the 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 on-scene 25 foot diving vessel.
    (2) No vessels may anchor in the lower portion of Marcus Hook 
Anchorage No. 7 for the duration of the enforcement period.
    (3) All vessels must operate at the minimum safe speed necessary to 
maintain steerage and reduce wake.
    (4) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (d) Enforcement periods. This section will be enforced from 6 a.m. 
through 6 p.m., Monday through Friday, beginning March 15, 2018, 
through March 22, 2018.

    Dated: March 14, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2018-05567 Filed 3-19-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Rules and Regulations                                         12115

                                             a.m. until 7:00 p.m. on March 24, 2018,                 Anchorage 7, near Marcus Hook, PA.                    cause finds that those procedures are
                                             and from 7:00 a.m. until 7:00 p.m. on                   The safety zone is needed to protect                  ‘‘impracticable, unnecessary, or contrary
                                             March 25, 2018. This enforcement                        personnel, vessels, and the marine                    to the public interest.’’ Under 5 U.S.C.
                                             action is being taken to provide for the                environment from potential hazards                    553(b)(B), the Coast Guard finds that
                                             safety of life on navigable waterways                   created by survey and diving operations.              good cause exists for not publishing a
                                             during the event. The Coast Guard’s                     Entry of vessels or persons into this                 notice of proposed rulemaking (NPRM)
                                             regulation for recurring marine events in               zone is prohibited unless specifically                with respect to this rule because
                                             the San Diego Captain of the Port Zone                  authorized by the Captain of the Port                 notification of the survey and diving
                                             identifies the regulated entities and area              Delaware Bay.                                         operations was not given to the Coast
                                             for this event. Under the provisions of                 DATES: This rule is effective without                 Guard until March 11, 2018. It is
                                             33 CFR 100.1101, persons and vessels                    actual notice from March 20, 2018,                    impracticable and contrary to the public
                                             are prohibited from anchoring, blocking,                through 6 p.m. on March 22, 2018. For                 interest to publish an NPRM because we
                                             loitering, or impeding within this                      the purposes of enforcement, actual                   must establish this safety zone by March
                                             regulated area unless authorized by the                 notice will be used from 6 a.m. on                    15, 2018 to protect persons involved
                                             Captain of the Port, or his designated                  March 15, 2018, through March 20,                     with the survey and diving operations
                                             representative. The Coast Guard may be                  2018.                                                 as well members of the public who may
                                             assisted by other Federal, State, or local                                                                    be near those operations.
                                             law enforcement agencies in enforcing                   ADDRESSES:   To view documents                           Under 5 U.S.C. 553(d)(3), the Coast
                                             this regulation.                                        mentioned in this preamble as being                   Guard finds that good cause exists for
                                               This document is issued under                         available in the docket, go to http://                making this rule effective less than 30
                                             authority of 5 U.S.C. 552(a) and 33 CFR                 www.regulations.gov, type USCG–2018–                  days after publication in the Federal
                                             100.1101. In addition to this document                  0158 in the ‘‘SEARCH’’ box and click                  Register. Delaying the effective date of
                                             in the Federal Register, the Coast Guard                ‘‘SEARCH.’’ Click on Open Docket                      this rule would be impracticable
                                             will provide the maritime community                     Folder on the line associated with this               because immediate action is needed to
                                             with advance notification of this                       rule.                                                 address the potential safety hazards
                                             enforcement period via the Local Notice                 FOR FURTHER INFORMATION CONTACT: If                   associated with survey and diving
                                             to Mariners, Broadcast Notice to                        you have questions about this                         operations.
                                             Mariners, and local advertising by the                  rulemaking, call or email Petty Officer               III. Legal Authority and Need for Rule
                                             event sponsor.                                          Amanda Boone, Waterways
                                               If the Captain of the Port Sector San                 Management Branch, U.S. Coast Guard                      The Coast Guard is issuing this rule
                                             Diego or his designated representative                  Sector Delaware Bay; telephone (215)                  under authority in 33 U.S.C. 1231. The
                                                                                                     271–4889, email Amanda.N.Boone@                       COTP has determined that potential
                                             determines that the regulated area need
                                                                                                     uscg.mil.                                             hazards associated with survey and
                                             not be enforced for the full duration
                                                                                                                                                           diving operations starting March 15,
                                             stated on this document, he or she may                  SUPPLEMENTARY INFORMATION:                            2018, will be a safety concern for
                                             use a Broadcast Notice to Mariners or
                                                                                                     I. Table of Abbreviations                             anyone within a 250-yard radius of
                                             other communications coordinated with
                                                                                                                                                           diving and pipe removal vessels and
                                             the event sponsor to grant general
                                                                                                     CFR Code of Federal Regulations                       machinery. This rule is needed to
                                             permission to enter the regulated area.
                                                                                                     COTP Captain of the Port                              protect personnel, vessels, and the
                                               Dated: February 15, 2018.                             DHS Department of Homeland Security                   marine environment in the navigable
                                             J.R. Buzzella,                                          FR Federal Register                                   waters within the safety zone while the
                                             Captain, U.S. Coast Guard, Captain of the               NPRM Notice of proposed rulemaking                    operations are being conducted.
                                             Port San Diego.                                         § Section
                                                                                                     U.S.C. United States Code                             IV. Discussion of the Rule
                                             [FR Doc. 2018–05606 Filed 3–19–18; 8:45 am]
                                             BILLING CODE 9110–04–P
                                                                                                                                                              This rule establishes a safety zone
                                                                                                     II. Background Information and                        from 6 a.m. Monday, March 15, 2018,
                                                                                                     Regulatory History                                    through 6 p.m. Friday, March 22, 2018.
                                             DEPARTMENT OF HOMELAND                                    On March 11, 2018, the Coast Guard                  Notification of dates and times of safety
                                             SECURITY                                                was notified of survey and diving                     zone enforcement will be sent to the
                                                                                                     operations that will be taking place from             maritime community via Broadcast
                                             Coast Guard                                             March 15, 2018 through March 22, 2018,                Notice to Mariners and Marine Safety
                                                                                                     in Marcus Hook Anchorage No. 7, on                    Information Bulletins. Marine Safety
                                             33 CFR Part 165                                         the Delaware River. The COTP has                      Information Bulletins may be obtained
                                             [Docket Number USCG–2018–0158]                          determined that a safety zone is                      from https://homeport.uscg.mil/port-
                                                                                                     necessary to mitigate the hazards                     directory/delaware-bay or by calling the
                                             RIN 1625–AA00                                           involving survey and diving operations.               Coast Guard Delaware Bay Command
                                                                                                     The safety zone covers all navigable                  Center at 215–271–4807. The safety
                                             Safety Zone; Delaware River, Diving                     waters within 250 yards of vessels and                zone will cover all navigable waters
                                             Operation, Marcus Hook, PA                              machinery being used by personnel to                  within 250 yards of survey and diving
                                             AGENCY:    Coast Guard, DHS.                            conduct survey and diving operations.                 operation vessels, as well as any
                                             ACTION:   Temporary final rule.                           The Coast Guard is issuing this                     associated equipment, operating in
                                                                                                     temporary rule without prior notice and               Marcus Hook Anchorage No. 7 near
                                             SUMMARY:   The Coast Guard is                           opportunity to comment pursuant to                    Marcus Hook, PA, on the Delaware
daltland on DSKBBV9HB2PROD with RULES




                                             establishing a safety zone encompassing                 authority under section 4(a) of the                   River. The work will be conducted in
                                             all navigable waters within a 250-yard                  Administrative Procedure Act (APA) (5                 the southern most portion of the
                                             radius of Commerce Construction                         U.S.C. 553(b)). This provision                        Anchorage on the eastern side adjacent
                                             vessels and machinery conducting                        authorizes an agency to issue a rule                  to the New Jersey shoreline. During
                                             survey and diving operations in the                     without prior notice and opportunity to               diving and removal operations, the
                                             Delaware River, in the vicinity of                      comment when the agency for good                      safety zone will restrict vessels from


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                                             12116              Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Rules and Regulations

                                             anchoring in the lower portion of                       economic impact on any vessel owner                   FURTHER INFORMATION CONTACT     section
                                             Anchorage No. 7.                                        or operator.                                          above.
                                             V. Regulatory Analyses                                     Under section 213(a) of the Small
                                                                                                                                                           E. Unfunded Mandates Reform Act
                                                                                                     Business Regulatory Enforcement
                                               We developed this rule after                          Fairness Act of 1996 (Pub. L. 104–121),                 The Unfunded Mandates Reform Act
                                             considering numerous statutes and                       we want to assist small entities in                   of 1995 (2 U.S.C. 1531–1538) requires
                                             Executive orders related to rulemaking.                 understanding this rule. If the rule                  Federal agencies to assess the effects of
                                             Below we summarize our analyses                         would affect your small business,                     their discretionary regulatory actions. In
                                             based on a number of these statutes and                 organization, or governmental                         particular, the Act addresses actions
                                             Executive orders, and we discuss First                  jurisdiction and you have questions                   that may result in the expenditure by a
                                             Amendment rights of protestors.                         concerning its provisions or options for              State, local, or tribal government, in the
                                             A. Regulatory Planning and Review                       compliance, please contact the person
                                                                                                                                                           aggregate, or by the private sector of
                                                                                                     listed in the FOR FURTHER INFORMATION
                                                Executive Orders 12866 and 13563                                                                           $100,000,000 (adjusted for inflation) or
                                                                                                     CONTACT section.
                                             direct agencies to assess the costs and                                                                       more in any one year. Though this rule
                                                                                                        Small businesses may send comments
                                             benefits of available regulatory                                                                              will not result in such an expenditure,
                                                                                                     on the actions of Federal employees
                                             alternatives and, if regulation is                                                                            we do discuss the effects of this rule
                                                                                                     who enforce, or otherwise determine
                                             necessary, to select regulatory                                                                               elsewhere in this preamble.
                                                                                                     compliance with, Federal regulations to
                                             approaches that maximize net benefits.                  the Small Business and Agriculture                    F. Environment
                                             Executive Order 13771 directs agencies                  Regulatory Enforcement Ombudsman
                                             to control regulatory costs through a                   and the Regional Small Business                         We have analyzed this rule under
                                             budgeting process. This rule has not                    Regulatory Fairness Boards. The                       Department of Homeland Security
                                             been designated a ‘‘significant                         Ombudsman evaluates these actions                     Directive 023–01 and Commandant
                                             regulatory action,’’ under Executive                    annually and rates each agency’s                      Instruction M16475.1D, which guide the
                                             Order 12866. Accordingly, this rule has                 responsiveness to small business. If you              Coast Guard in complying with the
                                             not been reviewed by the Office of                      wish to comment on actions by                         National Environmental Policy Act of
                                             Management and Budget (OMB), and                        employees of the Coast Guard, call 1–                 1969 (42 U.S.C. 4321–4370f), and have
                                             pursuant to OMB guidance it is exempt                   888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                             from the requirements of Executive                      Coast Guard will not retaliate against                category of actions that do not
                                             Order 13771.                                            small entities that question or complain              individually or cumulatively have a
                                                This regulatory action determination                 about this rule or any policy or action               significant effect on the human
                                             is based on size, location, duration, and               of the Coast Guard.                                   environment. This rule involves a safety
                                             time-of-day of the safety zone. The                                                                           zone that will prohibit entry within 250
                                             safety zone which will impact a small                   C. Collection of Information
                                                                                                                                                           yards of survey and diving operation
                                             designated area of the Marcus Hook                        This rule will not call for a new                   vessels, as well as any associated
                                             Anchorage No. 7, in the Delaware River,                 collection of information under the                   equipment, operating in Marcus Hook
                                             from 6 a.m. through 6 p.m., Monday                      Paperwork Reduction Act of 1995 (44                   Anchorage No. 7 near Marcus Hook, PA,
                                             through Friday, beginning March 15,                     U.S.C. 3501–3520).                                    on the Delaware River. It is categorically
                                             2018 through March 22, 2018. Vessel                                                                           excluded from further review under
                                                                                                     D. Federalism and Indian Tribal
                                             traffic will be able to safely transit the                                                                    paragraph L[60a] of Appendix A, Table
                                                                                                     Governments
                                             main navigational channel during that
                                                                                                                                                           1 of DHS Instruction Manual 023–01–
                                             time. Moreover, the Coast Guard will                       A rule has implications for federalism
                                                                                                                                                           001–01, Rev. 01. A Record of
                                             issue a Broadcast Notice to Mariners via                under Executive Order 13132,
                                                                                                                                                           Environmental Consideration
                                             VHF–FM marine channel 16, Local                         Federalism, if it has a substantial direct
                                             Notice to Mariners, and Marine Safety                                                                         supporting this determination is
                                                                                                     effect on the States, on the relationship
                                             Information Bulletin about the zone.                    between the national government and                   available in the docket where indicated
                                                                                                     the States, or on the distribution of                 under ADDRESSES.
                                             B. Impact on Small Entities
                                                                                                     power and responsibilities among the                  G. Protest Activities
                                                The Regulatory Flexibility Act of                    various levels of government. We have
                                             1980, 5 U.S.C. 601–612, as amended,                     analyzed this rule under that Order and                 The Coast Guard respects the First
                                             requires Federal agencies to consider                   have determined that it is consistent                 Amendment rights of protesters.
                                             the potential impact of regulations on                  with the fundamental federalism                       Protesters are asked to contact the
                                             small entities during rulemaking. The                   principles and preemption requirements                person listed in the FOR FURTHER
                                             term ‘‘small entities’’ comprises small                 described in Executive Order 13132.                   INFORMATION CONTACT section to
                                             businesses, not-for-profit organizations                   Also, this rule does not have tribal               coordinate protest activities so that your
                                             that are independently owned and                        implications under Executive Order                    message can be received without
                                             operated and are not dominant in their                  13175, Consultation and Coordination                  jeopardizing the safety or security of
                                             fields, and governmental jurisdictions                  with Indian Tribal Governments,                       people, places or vessels.
                                             with populations of less than 50,000.                   because it does not have a substantial
                                             The Coast Guard certifies under 5 U.S.C.                direct effect on one or more Indian                   List of Subjects in 33 CFR Part 165
                                             605(b) that this rule will not have a                   tribes, on the relationship between the                 Harbors, Marine safety, Navigation
                                             significant economic impact on a                        Federal Government and Indian tribes,
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                           (water), Reporting and recordkeeping
                                             substantial number of small entities.                   or on the distribution of power and                   requirements, Security measures,
                                                While some owners or operators of                    responsibilities between the Federal                  Waterways.
                                             vessels intending to anchor in the safety               Government and Indian tribes. If you
                                             zone may be small entities, for the                     believe this rule has implications for                  For the reasons discussed in the
                                             reasons stated in section V.A above, this               federalism or Indian tribes, please                   preamble, the Coast Guard amends 33
                                             rule will not have a significant                        contact the person listed in the FOR                  CFR part 165 as follows:


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                                                                Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Rules and Regulations                                          12117

                                             PART 165—REGULATED NAVIGATION                           via VHF–FM channel 16, or make                        ACTION: Notice of enforcement of
                                             AREAS AND LIMITED ACCESS AREAS                          satisfactory passing arrangements via                 regulation.
                                                                                                     VHF–FM channels 13 or 80 with the on-
                                             ■ 1. The authority citation for part 165                scene 25 foot diving vessel.                          SUMMARY:   The Coast Guard will enforce
                                             continues to read as follows:                             (2) No vessels may anchor in the                    various safety zones within the Captain
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             lower portion of Marcus Hook                          of the Port New York Zone on the
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Anchorage No. 7 for the duration of the               specified dates and times. This action is
                                             Department of Homeland Security Delegation              enforcement period.
                                             No. 0170.1.                                                                                                   necessary to ensure the safety of vessels,
                                                                                                       (3) All vessels must operate at the                 spectators and participants from hazards
                                             ■ 2. Add § 165.T05–0158 to read as                      minimum safe speed necessary to                       associated with fireworks. During the
                                             follows:                                                maintain steerage and reduce wake.
                                                                                                                                                           enforcement period, no person or vessel
                                                                                                       (4) This section applies to all vessels
                                             § 165.T05–0158 Safety Zone, Delaware                                                                          may enter the safety zones without
                                                                                                     except those engaged in law
                                             River; Diving Operations; Marcus Hook, PA.                                                                    permission of the Captain of the Port
                                                                                                     enforcement, aids to navigation
                                               (a) Location. The following areas are                 servicing, and emergency response                     (COTP).
                                             safety zones: all navigable waters within               operations.
                                             250 yards of survey and diving                                                                                DATES:  The regulation for the safety
                                                                                                       (d) Enforcement periods. This section               zones described in 33 CFR 165.160 will
                                             operation vessels, as well as any                       will be enforced from 6 a.m. through 6
                                             associated equipment, operating in                                                                            be enforced on the dates and times
                                                                                                     p.m., Monday through Friday, beginning                listed in the table below.
                                             Marcus Hook Anchorage No. 7 near                        March 15, 2018, through March 22,
                                             Marcus Hook, PA, on the Delaware                        2018.                                                 FOR FURTHER INFORMATION CONTACT:     If
                                             River.                                                                                                        you have questions on this notice, call
                                               (b) Definitions. (1) Captain of the Port                Dated: March 14, 2018.
                                             means the Commander, Sector Delaware                    Scott E. Anderson,                                    or email Petty Officer First Class Ronald
                                             Bay or any Coast Guard commissioned,                    Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                           Sampert U.S. Coast Guard; telephone
                                             warrant, or petty officer who has been                  Port, Delaware Bay.                                   718–354–4197, email ronald.j.sampert@
                                             authorized by the Captain of the Port to                [FR Doc. 2018–05567 Filed 3–19–18; 8:45 am]
                                                                                                                                                           uscg.mil.
                                             act on his behalf.                                      BILLING CODE 9110–04–P                                SUPPLEMENTARY INFORMATION:    The Coast
                                               (2) Designated representative means                                                                         Guard will enforce the safety zones
                                             any Coast Guard commissioned, warrant                                                                         listed in 33 CFR 165.160 on the
                                             or petty officer who has been authorized                DEPARTMENT OF HOMELAND                                specified dates and times as indicated in
                                             by the Captain of the Port, Delaware                    SECURITY                                              Tables 1 and 2 below. This regulation
                                             Bay, to assist with the enforcement of
                                             safety zones described in paragraph (a)                 Coast Guard                                           was published in the Federal Register
                                             of this section.                                                                                              on November 9, 2011 (76 FR 69614).
                                               (c) Regulations. The general safety                   33 CFR Part 165
                                             zone regulations found in subpart C of
                                                                                                     [Docket No. USCG–2018–0089]
                                             this part apply to the safety zone created
                                             by this section.                                        Safety Zones; Fireworks in Captain of
                                               (1) Entry into or transiting within the               the Port New York Zone
                                             zone is prohibited unless vessels obtain
                                             permission from the Captain of the Port                 AGENCY:    Coast Guard, DHS.

                                                                                                                          TABLE 1
                                             1. 2018 Chinese New Year; Pier 84 Hudson River Safety Zone; 33                       • Launch site: A barge located in approximate position 40°45′56.90″
                                               CFR 165.160(5.9).                                                                    N, 074°00′25.4″ W (NAD 1983), approximately 380 yards west of
                                                                                                                                    Pier 84, Manhattan, New York. This Safety Zone is a 360-yard ra-
                                                                                                                                    dius from the barge.
                                                                                                                                  • Date: February 14, 2018.
                                                                                                                                  • Time: 7:30 p.m.–9:30 p.m.
                                             2. Briggs Inc. AAA Horn Blower; Ellis Island Safety Zone; 33 CFR                     • Launch site: A barge located between Federal Anchorages 20–A
                                               165.160(2.2).                                                                        and 20–B, in approximate position 40°41′45″ N, 074°02′09″ W (NAD
                                                                                                                                    1983) about 365 yards east of Ellis Island. This Safety Zone is a
                                                                                                                                    360-yard radius from the barge.
                                                                                                                                  • Date: April 22, 2018.
                                                                                                                                  • Time: 8:15 p.m.–8:25 p.m.
                                             3. Breezy Point Co-Op Inc.; Rockaway Inlet Safety Zone; 33 CFR                       • Launch site: A barge located in approximate position 40°34′19.1″ N,
                                               165.160(2.9).                                                                        073°54′43.5″ W (NAD 1983). 1200 yards south of Point Breeze. This
                                                                                                                                    Safety Zone is a 360-yard radius from the barge.
                                                                                                                                  • Date: July 6, 2018.
                                                                                                                                  • Time: 9:00 p.m.–10:00 p.m.
daltland on DSKBBV9HB2PROD with RULES




                                               Under the provisions of 33 CFR                        loiter in, or impede the transit of other                This notice is issued under authority
                                             165.160, vessels may not enter the safety               vessels. The Coast Guard may be                       of 33 CFR 165.160(a) and 5 U.S.C. 552
                                             zones unless given permission from the                  assisted by other Federal, State, or local            (a). In addition to this notice in the
                                             COTP or a designated representative.                    law enforcement agencies in enforcing                 Federal Register, the Coast Guard will
                                             Spectator vessels may transit outside the               this regulation.                                      provide mariners with advanced
                                             safety zones but may not anchor, block,                                                                       notification of enforcement periods via



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Document Created: 2018-03-20 01:10:39
Document Modified: 2018-03-20 01:10:39
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 March 20, 2018, through 6 p.m. on March 22, 2018. For the purposes of enforcement, actual notice will be used from 6 a.m. on March 15, 2018, through March 20, 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 Citation83 FR 12115 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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