83 FR 13644 - Safety Zones Delaware River, Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 62 (March 30, 2018)

Page Range		13644-13646
FR Document		2018-06395

The Coast Guard is establishing a temporary safety zone on the navigable waters of the Delaware River to restrict and protect vessel traffic during the offloading of two Post-Panamax gantry cranes at the Port of Philadelphia. This action is intended to protect mariners and vessels from the hazards associated with these offloading activities. Entry of vessels or persons into this zone is prohibited unless a vessel meets the stated requirements or is specifically authorized by the Captain of the Port Delaware Bay.

Federal Register, Volume 83 Issue 62 (Friday, March 30, 2018)

[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13644-13646]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06395]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0246]
RIN 1625-AA00


Safety Zones Delaware River, Philadelphia, 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 
navigable waters of the Delaware River to restrict and protect vessel 
traffic during the offloading of two Post-Panamax gantry cranes at the 
Port of Philadelphia. This action is intended to protect mariners and 
vessels from the hazards associated with these offloading activities. 
Entry of vessels or persons into this zone is prohibited unless a 
vessel meets the stated requirements or is specifically authorized by 
the Captain of the Port Delaware Bay.

DATES: This rule is effective without actual notice from March 30, 2018 
until April 3, 2018. For the purposes of enforcement, actual notice 
will be used from March 22, 2018, through March 30, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0246 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Edmund Ofalt, Waterways Management Branch, 
U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4814, email 
Edmund.J.Ofalt@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule due to the short time period between when 
Sector Delaware Bay received complete details of this operation, March 
8, 2018, and the date when this safety zone needs to go into effect by. 
It is impracticable and contrary to the public interest to publish an 
NPRM before issuing this rule because we must establish this safety 
zone by March 23, 2018, to ensure the safety of persons and vessels 
participating in or transiting near the offloading operations of two 
Post-Panamax gantry cranes at the Port of Philadelphia.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to mitigate the hazards presented to 
safety of life in the Delaware River presented by the offloading of 
equipment of this size.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Delaware Bay has determined that potential hazards are 
associated with the offloading of the two Post-Panamax gantry cranes 
from the motor vessel (M/V) ZHEN HUA 16.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on the 
Delaware River bounded to the south by a line drawn from the southeast 
corner of Pier 124S at 39[deg]53'41.751'' N, 075[deg]08'19.1419'' W, 
thence east-southeast to the New Jersey Shoreline at 39[deg]53'34'' N, 
075[deg]07'49'' W, and bounded to the north by the southernmost edge of 
the Walt Whitman

[[Page 13645]]

Bridge. This safety zone is needed to protect personnel and vessels, in 
the navigable waters within the safety zone as well as persons on the 
adjacent shoreline during offloading of the gantry cranes. This safety 
zone is needed for seven days beginning from the time of the M/V ZHEN 
HUA 16 arrives at Greenwich Terminal, unless cancelled earlier via 
Marine Safety Information Bulletin and Broadcast Notice to Mariners.
    Vessels may not enter, remain in, or transit the safety zone unless 
authorized by the COTP or the COTP's designated representative. To seek 
permission to enter or remain in the zone, unless moored or anchored 
outside the main navigational channel, contact the COTP or the COTP's 
representative via VHF-FM Channel 16.
    Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative. Vessels transiting the zone must maintain the minimum 
safe speed to reduce wake and maintain steerage. Except towing vessels 
designated as assist tugs and operating in such capacity, no vessel may 
meet, overtake or otherwise pass another unmoored or unanchored vessel 
within the safety zone. Regardless of travel direction, vessels shall 
remain east of the centerline of the main navigation channel. The 
navigable waters west of the centerline of the main navigation channel 
(on the green side of the centerline) is closed to navigation for the 
duration of the enforcement of this 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 short duration 
of the rule. The rule also allows for vessels to transit through the 
safety zone if certain requirements are met, thus minimizing the impact 
on waterway traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 stationary safety zone, which allows vessels to transit if certain 
requirements are met, lasting approximately six days. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration

[[Page 13646]]

supporting this determination is available in the docket where 
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security Measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T05-0246 to read as follows:


Sec.  165.T05-0246  Safety Zones; Delaware River, Philadelphia, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters bounded to the south by a line drawn from the southeast corner 
of Pier 124S at 39[deg]53'42'' N, 075[deg]08'20'' W, thence east-
southeast to the New Jersey shoreline at 39[deg]53'34'' N, 
075[deg]07'47'' W, and bounded to the north by the southernmost edge of 
the Walt Whitman Bridge. These coordinates are based on the 1984 World 
Geodetic System (WGS 84).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Delaware Bay (COTP) in the enforcement of the 
safety zone.
    (c) Regulations. (1) In accordance with the general safety zone 
regulations in subpart C of this part and except for as described in 
paragraph (c)(3) of this section, vessels may not enter, remain in, or 
transit the safety zone described in paragraph (a) of this section 
unless authorized by the COTP or the COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, unless 
moored or anchored outside the main navigational channel, contact the 
COTP or the COTP's representative via VHF-FM Channel 16. Those in the 
safety zone must comply with all lawful orders or directions given to 
them by the COTP or the COTP's designated representative.
    (3) Vessels may transit the safety zone described in paragraph 
(a)(2) of this section if all of the following criteria are met:
    (i) Vessel shall maintain the minimum safe speed to reduce wake and 
maintain steerage.
    (ii) Except towing vessels designated as assist tugs and operating 
in such capacity, no vessel may meet, overtake or otherwise pass 
another unmoored or unanchored vessel within the safety zone.
    (iii) Regardless of travel direction, vessels shall remain east of 
the centerline of the main navigation channel. The centerline is 
depicted on U.S. Electronic Navigational Chart US5PA12M and is a line 
drawn approximately from 39[deg]53'39'' N, 075[deg]08'11'' W, thence 
north-northeast to approximate position 39[deg]54'19'' N, 
075[deg]07'54'' W, and thence north to approximate position 
39[deg]54'20'' N, 075[deg]07'54'' W.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement period. Enforcement of the safety zone will begin 
when the M/V ZHEN HUA 16 arrives at berth at the Greenwich Terminal in 
Philadelphia, Pennsylvania and end 7 days thereafter. The M/V ZHEN HUA 
16 is expected to arrive at berth sometime between March 23rd and March 
29th, 2018.

    Dated: March 22, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-06395 Filed 3-29-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations 13645

Bridge. This safety zone is needed to from the requirements of Executive D. Federalism and Indian Tribal
protect personnel and vessels, in the Order 13771. Governments
navigable waters within the safety zone This regulatory action determination A rule has implications for federalism
as well as persons on the adjacent is based on the short duration of the under Executive Order 13132,
shoreline during offloading of the gantry rule. The rule also allows for vessels to Federalism, if it has a substantial direct
cranes. This safety zone is needed for transit through the safety zone if certain effect on the States, on the relationship
seven days beginning from the time of requirements are met, thus minimizing between the national government and
the M/V ZHEN HUA 16 arrives at the impact on waterway traffic. the States, or on the distribution of
Greenwich Terminal, unless cancelled power and responsibilities among the
earlier via Marine Safety Information B. Impact on Small Entities
various levels of government. We have
Bulletin and Broadcast Notice to The Regulatory Flexibility Act of analyzed this rule under that Order and
Mariners. 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent
Vessels may not enter, remain in, or requires Federal agencies to consider with the fundamental federalism
transit the safety zone unless authorized the potential impact of regulations on principles and preemption requirements
by the COTP or the COTP’s designated small entities during rulemaking. The described in Executive Order 13132.
representative. To seek permission to term ‘‘small entities’’ comprises small Also, this rule does not have tribal
enter or remain in the zone, unless businesses, not-for-profit organizations implications under Executive Order
moored or anchored outside the main that are independently owned and 13175, Consultation and Coordination
navigational channel, contact the COTP operated and are not dominant in their with Indian Tribal Governments,
or the COTP’s representative via VHF– fields, and governmental jurisdictions because it does not have a substantial
FM Channel 16. with populations of less than 50,000. direct effect on one or more Indian
Those in the safety zone must comply The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
with all lawful orders or directions 605(b) that this rule will not have a Federal Government and Indian tribes,
given to them by the COTP or the significant economic impact on a or on the distribution of power and
COTP’s designated representative. substantial number of small entities. responsibilities between the Federal
Vessels transiting the zone must While some owners or operators of Government and Indian tribes. If you
maintain the minimum safe speed to vessels intending to transit the safety believe this rule has implications for
reduce wake and maintain steerage. zone may be small entities, for the federalism or Indian tribes, please
Except towing vessels designated as reasons stated in section V.A above, this contact the person listed in the FOR
assist tugs and operating in such rule will not have a significant FURTHER INFORMATION CONTACT section
capacity, no vessel may meet, overtake economic impact on any vessel owner above.
or otherwise pass another unmoored or or operator.
unanchored vessel within the safety Under section 213(a) of the Small E. Unfunded Mandates Reform Act
zone. Regardless of travel direction, Business Regulatory Enforcement The Unfunded Mandates Reform Act
vessels shall remain east of the Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
centerline of the main navigation we want to assist small entities in Federal agencies to assess the effects of
channel. The navigable waters west of understanding this rule. If the rule their discretionary regulatory actions. In
the centerline of the main navigation would affect your small business, particular, the Act addresses actions
channel (on the green side of the organization, or governmental that may result in the expenditure by a
centerline) is closed to navigation for jurisdiction and you have questions State, local, or tribal government, in the
the duration of the enforcement of this concerning its provisions or options for aggregate, or by the private sector of
safety zone. compliance, please contact the person $100,000,000 (adjusted for inflation) or
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
V. Regulatory Analyses
CONTACT section. will not result in such an expenditure,
We developed this rule after Small businesses may send comments we do discuss the effects of this rule
considering numerous statutes and on the actions of Federal employees elsewhere in this preamble.
Executive orders related to rulemaking. who enforce, or otherwise determine
Below we summarize our analyses compliance with, Federal regulations to F. Environment
based on a number of these statutes and the Small Business and Agriculture We have analyzed this rule under
Executive orders, and we discuss First Regulatory Enforcement Ombudsman Department of Homeland Security
Amendment rights of protestors. and the Regional Small Business Directive 023–01 and Commandant
Regulatory Fairness Boards. The Instruction M16475.1D, which guide the
A. Regulatory Planning and Review
Ombudsman evaluates these actions Coast Guard in complying with the
Executive Orders 12866 and 13563 annually and rates each agency’s National Environmental Policy Act of
direct agencies to assess the costs and responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have
benefits of available regulatory wish to comment on actions by determined that this action is one of a
alternatives and, if regulation is employees of the Coast Guard, call 1– category of actions that do not
necessary, to select regulatory 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a
approaches that maximize net benefits. Coast Guard will not retaliate against significant effect on the human
Executive Order 13771 directs agencies small entities that question or complain environment. This rule involves a
to control regulatory costs through a about this rule or any policy or action stationary safety zone, which allows
budgeting process. This rule has not of the Coast Guard. vessels to transit if certain requirements
amozie on DSK30RV082PROD with RULES

been designated a ‘‘significant are met, lasting approximately six days.
C. Collection of Information
regulatory action,’’ under Executive It is categorically excluded from further
Order 12866. Accordingly, this rule has This rule will not call for a new review under paragraph L60(a) of
not been reviewed by the Office of collection of information under the Appendix A, Table 1 of DHS Instruction
Management and Budget (OMB), and Paperwork Reduction Act of 1995 (44 Manual 023–01–001–01, Rev. 01. A
pursuant to OMB guidance it is exempt U.S.C. 3501–3520). Record of Environmental Consideration

VerDate Sep<11>2014 18:02 Mar 29, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM 30MRR1

Document Created: 2018-11-01 08:57:38
Document Modified: 2018-11-01 08:57:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective without actual notice from March 30, 2018 until April 3, 2018. For the purposes of enforcement, actual notice will be used from March 22, 2018, through March 30, 2018.
Contact		If you have questions on this rule, call or email Petty Officer Edmund Ofalt, Waterways Management Branch, U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4814, email [email protected]
FR Citation		83 FR 13644
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 13644 - Safety Zones Delaware River, Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 62 (March 30, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard