83_FR_17153 83 FR 17078 - Safety Zone, Delaware River; Diving and Survey Operations; Marcus Hook, PA

83 FR 17078 - Safety Zone, Delaware River; Diving and Survey Operations; Marcus Hook, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 75 (April 18, 2018)

Page Range17078-17081
FR Document2018-08110

The Coast Guard is establishing a safety zone encompassing all navigable waters within a 250-yard radius of the Commerce Construction vessels and associated equipment conducting survey and diving operations in the Delaware River, and in the vicinity of Anchorage 7, near Marcus Hook, PA. The safety zone is needed to protect personnel, vessels, associated equipment, and the marine environment from potential hazards created by survey and diving operations. Entry of persons or vessels into this safety zone will be prohibited unless specifically authorized by the Captain of the Port Delaware Bay. We invite your comments on this rule.

Federal Register, Volume 83 Issue 75 (Wednesday, April 18, 2018)
[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Rules and Regulations]
[Pages 17078-17081]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08110]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0322]
RIN 1625-AA00


Safety Zone, Delaware River; Diving and Survey Operations; Marcus 
Hook, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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

SUMMARY: The Coast Guard is establishing a safety zone encompassing all 
navigable waters within a 250-yard radius of the Commerce Construction 
vessels and associated equipment conducting survey and diving 
operations in the Delaware River, and in the vicinity of Anchorage 7, 
near Marcus Hook, PA. The safety zone is needed to protect personnel, 
vessels, associated equipment, and the marine environment from 
potential hazards created by survey and diving operations. Entry of 
persons or vessels into this safety zone will be prohibited unless 
specifically authorized by the Captain of the Port Delaware Bay. We 
invite your comments on this rule.

DATES: This rule is effective from April 30, 2018 through June 30, 
2018. Comments and related material must be received by the Coast Guard 
on or before May 18, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0322 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Petty Officer Edmund Ofalt, Waterways 
Management Branch, U.S. Coast Guard Sector Delaware Bay; telephone 
(215) 271-4814, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

APA Administrative Procedure Act
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

[[Page 17079]]

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and 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 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 28, 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 the safety zone by April 30, 2018, to ensure the safety 
of personnel, vessels, associated equipment, and the marine environment 
from potential hazards created by survey and diving operations the 
Coast Guard is providing an opportunity to comment prior to the rule 
becoming effective and while the rule is in effect and may amend the 
rule after it is effective if necessary.
    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 hazards presented by 
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 Captain of the Port Delaware Bay (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 associated equipment being used by personnel 
to conduct survey and diving operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from April 30, 2018, through 
June 30, 2018. 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, and within the Marcus Hook Range on the Delaware 
River. Diving and survey operations conducted within the anchorage will 
be in the southernmost portion of the anchorage on the eastern side 
adjacent to the New Jersey shoreline. The affiliated safety zone will 
restrict available anchorage grounds in the lower portion of Anchorage 
No. 7. During diving and survey operations conducted within navigable 
channel of the Marcus Hook Range, vessels will not be permitted to 
anchor within the southern portion of the anchorage as this section 
will be utilized to allow traffic to safely pass around the safety 
zone. Information on procedures for requesting permission to anchor, as 
well as any changes to traffic patterns, will be distributed to the 
maritime community via the methods stated below.
    Notification regarding the specific location of the zone and any 
changes to traffic patterns 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.

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, the 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 and 
duration of the safety zone. The safety zone will impact a small 
designated area of Marcus Hook Anchorage No. 7 and the Marcus Hook 
Range on the Delaware River. During enforcement periods of the safety 
zone these impacts include restrictions to the location, type and size 
of vessels that may anchor in the Marcus Hook Anchorage. However, other 
anchorages in the Delaware River will remain fully operational as 
alternatives for vessel traffic. Vessel traffic will be able to safely 
transit around the safety zone. 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 
would 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 would not have a significant economic impact on 
any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this rule or any policy or action of the 
Coast Guard.

C. Collection of Information

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

[[Page 17080]]

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 would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this 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 would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this 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 made a preliminary determination 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This 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 and 
Marcus Hook Range, on the Delaware River. Normally such actions are 
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 
preliminary Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

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

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. The Coast Guard may amend this temporary final rule if we 
receive comments from the public that indicate that a change is 
warranted. If you submit a comment, please include the docket number 
for this rulemaking, indicate the specific section of this document to 
which each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this temporary final rule as being available 
in the docket, and all public comments, will be in our online docket at 
http://www.regulations.gov and can be viewed by following that 
website's instructions. Additionally, if you go to the online docket 
and sign up for email alerts, you will be notified when comments are 
posted.

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.T05-0322 to read as follows:


Sec.  165.T05-0322   Safety Zone, Delaware River; Diving and Survey 
Operations; Marcus Hook, PA.

    (a) Location. The following areas are safety zones: All navigable 
waters within 250-yards of Commerce Construction crane barge KELLY and 
the towing vessel JOKER, as well as any associated equipment, operating 
in Marcus Hook Anchorage No. 7 or Marcus Hook Range, 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 zones created by this 
section.
    (1) Entry into or transiting within the zones 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 16 with the crane barge KELLY or towing vessel JOKER.
    (2) Any vessel wishing to anchor within Marcus Hook Anchorage No. 7 
is required to verify compliance with current temporary restrictions 
and requirements noted within the most current Sector Delaware Bay 
Marine Safety Information Bulletin. The most current Marine Safety 
Information Bulletin may be obtained at https://homeport.uscg.mil/port-directory/delaware-bay or by calling the Coast Guard Delaware Bay 
Command Center at 215-271-4807.

[[Page 17081]]

    (3) All vessels authorized to enter or transit the zones 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 April 
30, 2018, through June 30, 2018.

    Dated: April 12, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-08110 Filed 4-17-18; 8:45 am]
 BILLING CODE 9110-04-P



                                           17078            Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations

                                           List of Subjects in 14 CFR Part 29                      FOR FURTHER INFORMATION CONTACT:    If                DEPARTMENT OF HOMELAND
                                             Aircraft, Aviation safety, Reporting                  you have questions on this notice of                  SECURITY
                                           and recordkeeping requirements.                         enforcement, call or email Lieutenant
                                                                                                   Junior Grade Emily Rowan, U.S. Coast                  Coast Guard
                                             The authority citation for these
                                           special conditions is as follows:                       Guard Sector San Francisco; telephone
                                                                                                   (415) 399–7443 or email at D11-PF-                    33 CFR Part 165
                                             Authority: 49 U.S.C. 106(g), 40113, 44701,            MarineEvents@uscg.mil.                                [Docket Number USCG–2018–0322]
                                           44702, 44704.
                                                                                                   SUPPLEMENTARY INFORMATION:      The Coast             RIN 1625–AA00
                                           The Special Conditions
                                                                                                   Guard will enforce the special local
                                           ■  Accordingly, pursuant to the authority               regulation established in 33 CFR                      Safety Zone, Delaware River; Diving
                                           delegated to me by the Administrator,                   100.1103, Table 1, Item number 3 on                   and Survey Operations; Marcus Hook,
                                           the following special conditions are                    April 22, 2018. From 9 a.m. to 1 p.m.                 PA
                                           issued as part of the type certification                on April 22, 2018 the special local                   AGENCY:Coast Guard, DHS.
                                           basis for the Bell Helicopter Textron,                  regulation applies to the navigable                         Temporary final rule; request for
                                                                                                                                                         ACTION:
                                           Inc., Model 525 helicopter:                             waters from Bluff Point on the                        comments.
                                              Mode Annunciation: A means must be                   southeastern side of Tiburon Peninsula
                                           provided, within the pilots’ primary                    to Point Campbell on the northern edge                SUMMARY:   The Coast Guard is
                                           field of view, to indicate to the crew any              of Angel Island, and from Peninsula                   establishing a safety zone encompassing
                                           mode that significantly changes or                      Point on the southern edge of Tiburon                 all navigable waters within a 250-yard
                                           degrades the handling or operational                    Peninsula to Point Stuart on the western              radius of the Commerce Construction
                                           characteristics of the rotorcraft in such               edge of Angel Island.                                 vessels and associated equipment
                                           a way as to alter the pilots’ primary                                                                         conducting survey and diving
                                           control strategy.                                          Under the provisions of 33 CFR                     operations in the Delaware River, and in
                                                                                                   100.1103, unauthorized persons or                     the vicinity of Anchorage 7, near
                                             Issued in Fort Worth, Texas, on March 30,
                                           2018.
                                                                                                   vessels are prohibited from entering                  Marcus Hook, PA. The safety zone is
                                                                                                   into, transiting through, or anchoring in             needed to protect personnel, vessels,
                                           Jorge Castillo,
                                                                                                   the regulated area during all applicable              associated equipment, and the marine
                                           Acting Manager, Rotorcraft Standards
                                           Branch, Policy and Innovation Division,                 effective dates and times, unless                     environment from potential hazards
                                           Aircraft Certification Service.                         authorized to do so by the PATCOM.                    created by survey and diving operations.
                                           [FR Doc. 2018–08139 Filed 4–17–18; 8:45 am]             Additionally, each person who receives                Entry of persons or vessels into this
                                           BILLING CODE 4910–13–P
                                                                                                   notice of a lawful order or direction                 safety zone will be prohibited unless
                                                                                                   issued by an official patrol vessel shall             specifically authorized by the Captain of
                                                                                                   obey the order or direction. The                      the Port Delaware Bay. We invite your
                                                                                                   PATCOM is empowered to forbid entry                   comments on this rule.
                                           DEPARTMENT OF HOMELAND                                  into and control the regulated area. The              DATES: This rule is effective from April
                                           SECURITY                                                PATCOM shall be designated by the                     30, 2018 through June 30, 2018.
                                           Coast Guard                                             Commander, Coast Guard Sector San                     Comments and related material must be
                                                                                                   Francisco. The PATCOM may, upon                       received by the Coast Guard on or before
                                           33 CFR Part 100                                         request, allow the transit of commercial              May 18, 2018.
                                                                                                   vessels through regulated areas when it               ADDRESSES: You may submit comments
                                           [Docket No. USCG–2018–0323]                             is safe to do so.                                     identified by docket number USCG–
                                                                                                      This notice is issued under authority              2018–0322 using the Federal
                                           Special Local Regulations for Marine                    of 33 CFR 165.1103 and 5 U.S.C. 552(a).               eRulemaking Portal at http://
                                           Events; Blessing of the Fleet, Tiburon,                                                                       www.regulations.gov. See the ‘‘Public
                                                                                                   In addition to this notification in the
                                           CA                                                                                                            Participation and Request for
                                                                                                   Federal Register, the Coast Guard plans
                                                                                                   to provide the maritime community                     Comments’’ portion of the
                                           AGENCY:  Coast Guard, DHS.
                                                                                                                                                         SUPPLEMENTARY INFORMATION section for
                                           ACTION: Notice of enforcement of                        with extensive advance notification of
                                                                                                                                                         further instructions on submitting
                                           regulation.                                             the regulated area and its enforcement
                                                                                                                                                         comments.
                                                                                                   period via the Local Notice to Mariners.
                                           SUMMARY:   The Coast Guard will enforce                                                                       FOR FURTHER INFORMATION CONTACT:     If
                                                                                                      If the Captain of the Port determines
                                           the special local regulations in the                                                                          you have questions about this
                                                                                                   that the regulated area need not be
                                           navigable waters of the San Francisco                                                                         rulemaking, call or email Petty Officer
                                                                                                   enforced for the full duration stated in
                                           Bay for the annual Blessing of the Fleet                                                                      Edmund Ofalt, Waterways Management
                                           to be held on April 22, 2018. This action               this notification, a Broadcast Notice to              Branch, U.S. Coast Guard Sector
                                           is necessary to ensure the safety of event              Mariners may be used to grant general                 Delaware Bay; telephone (215) 271–
                                           participants and spectators. During the                 permission to enter the regulated area.               4814, email Edmund.J.Ofalt@uscg.mil.
                                           enforcement period, unauthorized                          Dated: April 12, 2018.                              SUPPLEMENTARY INFORMATION:
                                           persons or vessels are prohibited from                  Anthony J. Ceraolo,
                                           entering into, transiting through, or                                                                         I. Table of Abbreviations
                                                                                                   Captain, U.S. Coast Guard, Captain of the
                                           anchoring in the regulated area, unless                 Port of San Francisco.                                APA Administrative Procedure Act
amozie on DSK30RV082PROD with RULES




                                           authorized by the Patrol Commander                      [FR Doc. 2018–08109 Filed 4–17–18; 8:45 am]
                                                                                                                                                         CFR Code of Federal Regulations
                                           (PATCOM).                                                                                                     COTP Captain of the Port
                                                                                                   BILLING CODE 9110–04–P                                DHS Department of Homeland Security
                                           DATES: The regulations in 33 CFR                                                                              FR Federal Register
                                           100.1103, Table 1, Item number 3 will                                                                         NPRM Notice of proposed rulemaking
                                           be enforced from 9 a.m. to 1 p.m. on                                                                          § Section
                                           April 22, 2018.                                                                                               U.S.C. United States Code



                                      VerDate Sep<11>2014   16:24 Apr 17, 2018   Jkt 244001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\18APR1.SGM   18APR1


                                                            Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations                                          17079

                                           II. Background Information and                          the Marcus Hook Range on the Delaware                 restrictions to the location, type and size
                                           Regulatory History                                      River. Diving and survey operations                   of vessels that may anchor in the
                                              The Coast Guard is issuing this                      conducted within the anchorage will be                Marcus Hook Anchorage. However,
                                           temporary rule without prior notice and                 in the southernmost portion of the                    other anchorages in the Delaware River
                                           pursuant to authority under section 4(a)                anchorage on the eastern side adjacent                will remain fully operational as
                                                                                                   to the New Jersey shoreline. The                      alternatives for vessel traffic. Vessel
                                           of the Administrative Procedure Act
                                                                                                   affiliated safety zone will restrict                  traffic will be able to safely transit
                                           (APA) (5 U.S.C. 553(b)). This provision
                                                                                                   available anchorage grounds in the                    around the safety zone. Moreover, the
                                           authorizes an agency to issue a rule
                                                                                                   lower portion of Anchorage No. 7.                     Coast Guard will issue a Broadcast
                                           without prior notice when the agency
                                                                                                   During diving and survey operations                   Notice to Mariners via VHF–FM marine
                                           for good cause finds that those
                                                                                                   conducted within navigable channel of                 channel 16, Local Notice to Mariners,
                                           procedures are ‘‘impracticable,
                                                                                                   the Marcus Hook Range, vessels will not               and Marine Safety Information Bulletin
                                           unnecessary, or contrary to the public
                                                                                                   be permitted to anchor within the                     about the zone.
                                           interest.’’ Under 5 U.S.C. 553(b)(B), the
                                                                                                   southern portion of the anchorage as
                                           Coast Guard finds that good cause exists                                                                      B. Impact on Small Entities
                                                                                                   this section will be utilized to allow
                                           for not publishing a notice of proposed                 traffic to safely pass around the safety
                                           rulemaking (NPRM) with respect to this                                                                           The Regulatory Flexibility Act of
                                                                                                   zone. Information on procedures for                   1980, 5 U.S.C. 601–612, as amended,
                                           rule due to the short time period                       requesting permission to anchor, as well
                                           between when Sector Delaware Bay                                                                              requires Federal agencies to consider
                                                                                                   as any changes to traffic patterns, will              the potential impact of regulations on
                                           received complete details of this                       be distributed to the maritime
                                           operation, March 28, 2018, and the date                                                                       small entities during rulemaking. The
                                                                                                   community via the methods stated                      term ‘‘small entities’’ comprises small
                                           when this safety zone needs to go into                  below.
                                           effect by. It is impracticable and                                                                            businesses, not-for-profit organizations
                                                                                                      Notification regarding the specific
                                           contrary to the public interest to publish                                                                    that are independently owned and
                                                                                                   location of the zone and any changes to
                                           an NPRM before issuing this rule                                                                              operated and are not dominant in their
                                                                                                   traffic patterns will be sent to the
                                           because we must establish the safety                                                                          fields, and governmental jurisdictions
                                                                                                   maritime community via Broadcast
                                           zone by April 30, 2018, to ensure the                                                                         with populations of less than 50,000.
                                                                                                   Notice to Mariners and Marine Safety
                                           safety of personnel, vessels, associated                                                                      The Coast Guard certifies under 5 U.S.C.
                                                                                                   information Bulletins. Marine Safety
                                           equipment, and the marine environment                                                                         605(b) that this rule would not have a
                                                                                                   Information Bulletins may be obtained
                                           from potential hazards created by                                                                             significant economic impact on a
                                                                                                   from https://homeport.uscg.mil/port-
                                           survey and diving operations the Coast                                                                        substantial number of small entities.
                                                                                                   directory/delaware-bay or by calling the
                                           Guard is providing an opportunity to                    Coast Guard Delaware Bay Command                         While some owners or operators of
                                           comment prior to the rule becoming                      Center at 215–271–4807.                               vessels intending to transit the safety
                                           effective and while the rule is in effect                                                                     zone may be small entities, for the
                                           and may amend the rule after it is                      V. Regulatory Analyses                                reasons stated in section V.A above, this
                                           effective if necessary.                                   We developed this rule after                        rule would not have a significant
                                              Under 5 U.S.C. 553(d)(3), the Coast                  considering numerous statutes and                     economic impact on any vessel owner
                                           Guard finds that good cause exists for                  Executive orders related to rulemaking.               or operator.
                                           making this rule effective less than 30                 Below we summarize our analyses                          If you think that your business,
                                           days after publication in the Federal                   based on a number of these statutes and               organization, or governmental
                                           Register. Delaying the effective date of                Executive orders and we discuss First                 jurisdiction qualifies as a small entity
                                           this rule would be impracticable and                    Amendment rights of protestors.                       and that this rule would have a
                                           contrary to the public interest because                                                                       significant economic impact on it,
                                           immediate action is needed to mitigate                  A. Regulatory Planning and Review
                                                                                                                                                         please submit a comment (see
                                           hazards presented by survey and diving                     Executive Orders 12866 and 13563
                                                                                                                                                         ADDRESSES) explaining why you think it
                                           operations.                                             direct agencies to assess the costs and
                                                                                                                                                         qualifies and how and to what degree
                                                                                                   benefits of available regulatory
                                           III. Legal Authority and Need for Rule                                                                        this rule would economically affect it.
                                                                                                   alternatives and, if regulation is
                                             The Coast Guard is issuing this rule                  necessary, to select regulatory                          Under section 213(a) of the Small
                                           under authority in 33 U.S.C. 1231. The                  approaches that maximize net benefits.                Business Regulatory Enforcement
                                           Captain of the Port Delaware Bay                        Executive Order 13771 directs agencies                Fairness Act of 1996 (Pub. L. 104–121),
                                           (COTP) has determined that a safety                     to control regulatory costs through a                 we want to assist small entities in
                                           zone is necessary to mitigate the hazards               budgeting process. This rule has not                  understanding this rule. If the rule
                                           involving survey and diving operations.                 been designated a ‘‘significant                       would affect your small business,
                                           The safety zone covers all navigable                    regulatory action,’’ under Executive                  organization, or governmental
                                           waters within 250-yards of vessels and                  Order 12866. Accordingly, the rule has                jurisdiction and you have questions
                                           associated equipment being used by                      not been reviewed by the Office of                    concerning its provisions or options for
                                           personnel to conduct survey and diving                  Management and Budget (OMB), and                      compliance, please contact the person
                                           operations.                                             pursuant to OMB guidance it is exempt                 listed in the FOR FURTHER INFORMATION
                                                                                                   from the requirements of Executive                    CONTACT section. The Coast Guard will
                                           IV. Discussion of the Rule                                                                                    not retaliate against small entities that
                                                                                                   Order 13771.
                                              This rule establishes a safety zone                     This regulatory action determination               question or complain about this rule or
                                           from April 30, 2018, through June 30,                   is based on size, location and duration               any policy or action of the Coast Guard.
amozie on DSK30RV082PROD with RULES




                                           2018. The safety zone will cover all                    of the safety zone. The safety zone will              C. Collection of Information
                                           navigable waters within 250-yards of                    impact a small designated area of
                                           survey and diving operation vessels, as                 Marcus Hook Anchorage No. 7 and the                     This rule would not call for a new
                                           well as any associated equipment,                       Marcus Hook Range on the Delaware                     collection of information under the
                                           operating in Marcus Hook Anchorage                      River. During enforcement periods of                  Paperwork Reduction Act of 1995 (44
                                           No. 7 near Marcus Hook, PA, and within                  the safety zone these impacts include                 U.S.C. 3501–3520).


                                      VerDate Sep<11>2014   16:24 Apr 17, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\18APR1.SGM   18APR1


                                           17080            Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations

                                           D. Federalism and Indian Tribal                         Instruction Manual 023–01–001–01,                     requirements, Security measures,
                                           Governments                                             Rev. 01. A preliminary Record of                      Waterways.
                                              A rule has implications for federalism               Environmental Consideration                             For the reasons discussed in the
                                           under Executive Order 13132,                            supporting this determination is                      preamble, the Coast Guard amends 33
                                           Federalism, if it has a substantial direct              available in the docket where indicated               CFR part 165 as follows:
                                           effect on the States, on the relationship               under ADDRESSES. We seek any
                                           between the national government and                     comments or information that may lead                 PART 165—REGULATED NAVIGATION
                                           the States, or on the distribution of                   to the discovery of a significant                     AREAS AND LIMITED ACCESS AREAS
                                           power and responsibilities among the                    environmental impact from this rule.
                                                                                                                                                         ■ 1. The authority citation for part 165
                                           various levels of government. We have                   G. Protest Activities                                 continues to read as follows:
                                           analyzed this rule under that Order and
                                           have determined that it is consistent                     The Coast Guard respects the First                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           with the fundamental federalism                         Amendment rights of protesters.                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           principles and preemption requirements                  Protesters are asked to contact the                   Department of Homeland Security Delegation
                                                                                                   person listed in the FOR FURTHER                      No. 0170.1.
                                           described in Executive Order 13132.
                                                                                                   INFORMATION CONTACT section to                          2. Add § 165.T05–0322 to read as
                                              Also, this rule does not have tribal                                                                       ■
                                           implications under Executive Order                      coordinate protest activities so that your            follows:
                                           13175, Consultation and Coordination                    message can be received without
                                           with Indian Tribal Governments,                         jeopardizing the safety or security of                § 165.T05–0322 Safety Zone, Delaware
                                                                                                   people, places, or vessels.                           River; Diving and Survey Operations;
                                           because it would not have a substantial                                                                       Marcus Hook, PA.
                                           direct effect on one or more Indian                     VI. Public Participation and Request for
                                           tribes, on the relationship between the                                                                          (a) Location. The following areas are
                                                                                                   Comments
                                           Federal Government and Indian tribes,                                                                         safety zones: All navigable waters
                                           or on the distribution of power and                        We view public participation as                    within 250-yards of Commerce
                                           responsibilities between the Federal                    essential to effective rulemaking, and                Construction crane barge KELLY and
                                           Government and Indian tribes. If you                    will consider all comments and material               the towing vessel JOKER, as well as any
                                           believe this rule has implications for                  received during the comment period.                   associated equipment, operating in
                                           federalism or Indian tribes, please                     The Coast Guard may amend this                        Marcus Hook Anchorage No. 7 or
                                           contact the person listed in the FOR                    temporary final rule if we receive                    Marcus Hook Range, on the Delaware
                                           FURTHER INFORMATION CONTACT section.
                                                                                                   comments from the public that indicate                River.
                                                                                                   that a change is warranted. If you                       (b) Definitions. (1) Captain of the Port
                                           E. Unfunded Mandates Reform Act                         submit a comment, please include the                  means the Commander, Sector Delaware
                                             The Unfunded Mandates Reform Act                      docket number for this rulemaking,                    Bay or any Coast Guard commissioned,
                                           of 1995 (2 U.S.C. 1531–1538) requires                   indicate the specific section of this                 warrant, or petty officer who has been
                                           Federal agencies to assess the effects of               document to which each comment                        authorized by the Captain of the Port to
                                           their discretionary regulatory actions. In              applies, and provide a reason for each                act on his behalf.
                                           particular, the Act addresses actions                   suggestion or recommendation.                            (2) Designated representative means
                                           that may result in the expenditure by a                    We encourage you to submit                         any Coast Guard commissioned, warrant
                                           State, local, or tribal government, in the              comments through the Federal                          or petty officer who has been authorized
                                           aggregate, or by the private sector of                  eRulemaking Portal at http://                         by the Captain of the Port, Delaware
                                           $100,000,000 (adjusted for inflation) or                www.regulations.gov. If your material                 Bay, to assist with the enforcement of
                                           more in any one year. Though this rule                  cannot be submitted using http://                     safety zones described in paragraph (a)
                                           would not result in such an                             www.regulations.gov, contact the person               of this section.
                                           expenditure, we do discuss the effects of               in the FOR FURTHER INFORMATION                           (c) Regulations. The general safety
                                           this rule elsewhere in this preamble.                   CONTACT section of this document for                  zone regulations found in subpart C of
                                                                                                   alternate instructions.                               this part apply to the safety zones
                                           F. Environment                                             We accept anonymous comments. All                  created by this section.
                                              We have analyzed this rule under                     comments received will be posted                         (1) Entry into or transiting within the
                                           Department of Homeland Security                         without change to http://                             zones is prohibited unless vessels obtain
                                           Directive 023–01 and Commandant                         www.regulations.gov and will include                  permission from the Captain of the Port
                                           Instruction M16475.1D, which guide the                  any personal information you have                     via VHF–FM channel 16 or make
                                           Coast Guard in complying with the                       provided. For more about privacy and                  satisfactory passing arrangements via
                                           National Environmental Policy Act of                    the docket, visit http://                             VHF–FM channels 13 or 16 with the
                                           1969 (42 U.S.C. 4321–4370f), and have                   www.regulations.gov/privacyNotice.                    crane barge KELLY or towing vessel
                                           made a preliminary determination that                      Documents mentioned in this                        JOKER.
                                           this action is one of a category of actions             temporary final rule as being available                  (2) Any vessel wishing to anchor
                                           that do not individually or cumulatively                in the docket, and all public comments,               within Marcus Hook Anchorage No. 7 is
                                           have a significant effect on the human                  will be in our online docket at http://               required to verify compliance with
                                           environment. This rule involves a safety                www.regulations.gov and can be viewed                 current temporary restrictions and
                                           zone that will prohibit entry within 250-               by following that website’s instructions.             requirements noted within the most
                                           yards of survey and diving operation                    Additionally, if you go to the online                 current Sector Delaware Bay Marine
                                           vessels, as well as any associated                      docket and sign up for email alerts, you              Safety Information Bulletin. The most
amozie on DSK30RV082PROD with RULES




                                           equipment, operating in Marcus Hook                     will be notified when comments are                    current Marine Safety Information
                                           Anchorage No. 7 and Marcus Hook                         posted.                                               Bulletin may be obtained at https://
                                           Range, on the Delaware River. Normally                                                                        homeport.uscg.mil/port-directory/
                                                                                                   List of Subjects in 33 CFR Part 165
                                           such actions are categorically excluded                                                                       delaware-bay or by calling the Coast
                                           from further review under paragraph                       Harbors, Marine safety, Navigation                  Guard Delaware Bay Command Center
                                           L60(a) of Appendix A, Table 1 of DHS                    (water), Reporting and recordkeeping                  at 215–271–4807.


                                      VerDate Sep<11>2014   16:24 Apr 17, 2018   Jkt 244001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\18APR1.SGM   18APR1


                                                            Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations                                              17081

                                              (3) All vessels authorized to enter or               and Toxics Management Division, U.S.                     On May 22, 1997, (62 FR 27968), EPA
                                           transit the zones must operate at the                   Environmental Protection Agency,                      revised the procedures for incorporating
                                           minimum safe speed necessary to                         Region 4, 61 Forsyth Street SW, Atlanta,              by reference, into the Code of Federal
                                           maintain steerage and reduce wake.                      Georgia 30303–8960. Mr. Lakeman can                   Regulations, materials approved by EPA
                                              (4) This section applies to all vessels              be reached via telephone at (404) 562–                into each state SIP. These changes
                                           except those engaged in law                             9043 or via electronic mail at                        revised the format for the identification
                                           enforcement, aids to navigation                         lakeman.sean@epa.gov.                                 of the SIP in 40 CFR part 52,
                                           servicing, and emergency response                       SUPPLEMENTARY INFORMATION:                            streamlined the mechanisms for
                                           operations.                                                                                                   announcing EPA approval of revisions
                                              (d) Enforcement periods. This section                I. Background                                         to a SIP, and streamlined the
                                           will be enforced from April 30, 2018,                      Each state has a SIP containing the                mechanisms for EPA’s updating of the
                                           through June 30, 2018.                                  control measures and strategies used to               IBR information contained for each SIP
                                             Dated: April 12, 2018.                                attain and maintain the national                      in 40 CFR part 52. The revised
                                           Scott E. Anderson,                                      ambient air quality standards (NAAQS).                procedures also called for EPA to
                                           Captain, U.S. Coast Guard, Captain of the               The SIP is extensive, containing such                 maintain ‘‘SIP Compilations’’ that
                                           Port Delaware Bay.                                      elements as air pollution control                     contain the federally-approved
                                           [FR Doc. 2018–08110 Filed 4–17–18; 8:45 am]             regulations, emission inventories,                    regulations and source specific permits
                                           BILLING CODE 9110–04–P                                  monitoring networks, attainment                       submitted by each state agency. These
                                                                                                   demonstrations, and enforcement                       SIP Compilations are updated primarily
                                                                                                   mechanisms.                                           on an annual basis. Under the revised
                                                                                                      Each state must formally adopt the                 procedures, EPA must periodically
                                           ENVIRONMENTAL PROTECTION
                                                                                                   control measures and strategies in the                publish an informational document in
                                           AGENCY
                                                                                                   SIP after the public has had an                       the rules section of the Federal Register
                                           40 CFR Part 52                                          opportunity to comment on them and                    notifying the public that updates have
                                                                                                   then submit the proposed SIP revisions                been made to a SIP Compilation for a
                                           [FL–2017; FRL–9975–70–Region 4]                                                                               particular state. EPA applied the 1997
                                                                                                   to EPA. Once these control measures
                                                                                                   and strategies are approved by EPA, and               revised procedures to Florida on June
                                           Air Plan Approval; Florida; Update to                                                                         16, 1999 (64 FR 32346).
                                           Materials Incorporated by Reference                     after notice and comment, they are
                                                                                                   incorporated into the federally-                      II. EPA Action
                                           AGENCY:  Environmental Protection                       approved SIP and are identified in part
                                           Agency (EPA).                                           52 ‘‘Approval and Promulgation of                        This action represents EPA’s
                                           ACTION: Final rule; notification of                     Implementation Plans,’’ title 40 of the               publication of the Florida SIP
                                           administrative change.                                  Code of Federal Regulations (40 CFR                   Compilation update, appearing in 40
                                                                                                   part 52). The full text of the state                  CFR part 52: Specifically, the materials
                                           SUMMARY:   The Environmental Protection                 regulation approved by EPA is not                     of paragraphs (c) and (d) at 40 CFR 52.
                                           Agency (EPA) is updating the materials                  reproduced in its entirety in 40 CFR part             In addition, notice is provided of
                                           that are incorporated by reference (IBR)                52, but is ‘‘incorporated by reference.’’             correcting typographical errors, state
                                           into the Florida state implementation                   This means that EPA has approved a                    effective dates, EPA approval dates and
                                           plan (SIP). The regulations affected by                 given state regulation with a specific                Federal Register citations listed in to
                                           this update have been previously                        effective date. The public is referred to             Table (c) paragraph of paragraph 52.520,
                                           submitted by Florida and approved by                    the location of the full text version                 as described below:
                                           EPA. This update affects the materials                  should they want to know which                           A. Under the ‘‘State effective date’’ and
                                           that are available for public inspection                measures are contained in a given SIP.                ‘‘EPA approval date’’ changing the 2-digit
                                           at the National Archives and Records                    The information provided allows EPA                   year to reflect a 4-digit year (for consistency)
                                           Administration (NARA) and the EPA                       and the public to monitor the extent to               and correcting numerous Federal Register
                                           Regional Office.                                                                                              citation to reflect the first page of the
                                                                                                   which a state implements a SIP to attain              preamble opposed to the regulatory text page.
                                           DATES: This action is effective April 18,               and maintain the NAAQS and to take                       B. 62–204.220 Title is revised to read
                                           2018.                                                   enforcement action if necessary.                      ‘‘Ambient Air Quality Protection.’’
                                           ADDRESSES: SIP materials which are                         The SIP is a living document which                    C. 62–210.920 entry is removed from table.
                                           incorporated by reference into 40 CFR                   the state can revise as necessary to                  See 82 FR 46682
                                           part 52 are available for inspection at                 address the unique air pollution                         D. 62–244.100 State effective date is
                                           the following locations: Environmental                  problems in the state. Therefore, EPA                 revised to read ‘‘2/21/1990’’.
                                           Protection Agency, Region 4, 61 Forsyth                                                                          E. 62–244.200 State effective date is
                                                                                                   from time to time must take action on
                                                                                                                                                         revised to read ‘‘2/21/1990’’.
                                           Street SW, Atlanta, GA 30303; and the                   proposed revisions containing new and/                   F. 62–244.300 State effective date is
                                           National Archives and Records                           or revised state regulations. A                       revised to read ‘‘2/21/1990’’.
                                           Administration. For information on the                  submission from a state can revise one                   G. 62–244.400 State effective date is
                                           availability of this material at NARA,                  or more rules in their entirety or                    revised to read ‘‘2/21/1990’’.
                                           call 202–741–6030, or go to: http://                    portions of rules, even change a single                  H. 62–244.500 State effective date is
                                           www.archives.gov/federal-register/cfr/                  word. The state indicates the changes in              revised to read ‘‘2/21/1990’’.
                                           ibr-locations.html. To view the                         the submission (such as, by using                        I. 62–244.600 State effective date is revised
                                           materials at the Region 4 Office, EPA                                                                         to read ‘‘2/21/1990’’.
                                                                                                   redline/strikethrough) and EPA then
                                                                                                                                                            J. 62–296.509 entry is removed from table
                                           request that you email the contact listed               takes action on the requested changes.
amozie on DSK30RV082PROD with RULES




                                                                                                                                                         because EPA previously approved removal of
                                           in the FOR FURTHER INFORMATION                          EPA establishes a docket for its actions              the rule from the Florida SIP. See 74 FR
                                           CONTACT section.                                        using a unique Docket Identification                  26103 (June 1, 2009).
                                           FOR FURTHER INFORMATION CONTACT:                        Number. which is listed in each action.
                                           Sean Lakeman, Air Regulatory                            These dockets and the complete                        III. Good Cause Exemption
                                           Management Section, Air Planning and                    submission are available for viewing on                  EPA has determined that this action
                                           Implementation Branch, Air, Pesticides                  www.regulations.gov.                                  falls under the ‘‘good cause’’ exemption


                                      VerDate Sep<11>2014   16:24 Apr 17, 2018   Jkt 244001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\18APR1.SGM   18APR1



Document Created: 2018-04-18 03:00:03
Document Modified: 2018-04-18 03:00:03
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; request for comments.
DatesThis rule is effective from April 30, 2018 through June 30, 2018. Comments and related material must be received by the Coast Guard on or before May 18, 2018.
ContactIf you have questions about this rulemaking, 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 Citation83 FR 17078 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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