Rule2022-12212
Safety Zone; Barge Fire; Captain of the Port Delaware Bay Zone
Primary source
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Published
June 7, 2022
Effective
June 7, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard establishing a temporary moving safety zone within the Captain of the Port Delaware Bay Zone near the barge with Hull Number: CMTYNOT6. This action is needed to provide for the safety of life on these navigable waters from a barge fire and all associated emergency response actions. This rulemaking prohibits persons and vessels from being in the regulated areas during the enforcement period unless authorized entry by the Captain of the Port (COTP), Delaware Bay Zone or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 109 (Tuesday, June 7, 2022)</title>
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[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Rules and Regulations]
[Pages 34574-34576]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12212]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0431]
RIN 1625-AA00
Safety Zone; Barge Fire; Captain of the Port Delaware Bay Zone
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard establishing a temporary moving safety zone
within the Captain of the Port Delaware Bay Zone near the barge with
Hull Number: CMTYNOT6. This action is needed to provide for the safety
of life on these navigable waters from a barge fire and all associated
emergency response actions. This rulemaking prohibits persons and
vessels from being in the regulated areas during the enforcement period
unless authorized entry by the Captain of the Port (COTP), Delaware Bay
Zone or a designated representative.
DATES: This rule is effective without actual notice from June 7, 2022
through June 15, 2022. For the purposes of enforcement, actual notice
will be used from May 30, 2022, until June 7, 2022 unless canceled
earlier by the Captain of the Port Delaware Bay.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0431 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email email MST2 Thomas Welker, Waterways Management Division,
Sector Delaware Bay, U.S. Coast Guard; telephone (215) 271-4889, email
<a href="/cdn-cgi/l/email-protection#f5a19d9a989486dbbfdba290999e9087b580869692db989c99"><span class="__cf_email__" data-cfemail="a8fcc0c7c5c9db86e286ffcdc4c3cddae8dddbcbcf86c5c1c4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On May 23, 2022, the Coast Guard issued a rulemaking creating a
temporary safety zone on the navigable waters of the Delaware Bay
Captain of the Port Zone to protect persons and
[[Page 34575]]
vessels during response operations associated with a barge fire. A copy
of the rulemaking ending on May 30, 2022, is available in the Docket
USCG-2022-0431, which can be found using instructions in the ADDRESSES
section. However, additional time is needed to conduct response and
salvage operations including damage assessment, cargo removal,
dewatering, and the movement of the barge to an adequate facility, and,
as a result, the Coast Guard is establishing through temporary
regulations a safety zone what will be in effect through June 15, 2022,
unless canceled earlier by the COTP. The Coast Guard is issuing this
temporary rule without prior notice and opportunity to comment pursuant
to authority under section 4(a) of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a
rule without prior notice and opportunity to comment when the agency
for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because it would be impracticable and contrary to the public
interest. The Coast Guard was unable to publish an NPRM and hold a
reasonable comment period for this rulemaking due to the emergent
nature of the barge fire response and salvage operations. Immediate
action is needed to provide for the safety of life on these navigable
waters during response and salvage operations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to provide for the safety of life on
these navigable waters during response and salvage operations.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Delaware Bay (COTP) has determined that
potential hazards associated with response and salvage operations will
be a safety concern for anyone within a 500-yard radius of the barge
(Hull Number: CMTYNOT6), and emergency response vessels, machinery, and
equipment. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
response and salvage operations are being conducted.
IV. Discussion of the Rule
This rule establishes a temporary safety zone that will be enforced
from May 30, 2022, through June 15, 2022, unless canceled earlier by
the Captain of the Port, Delaware Bay. The safety zone will cover all
navigable waters in the Captain of the Port Delaware Bay Zone within
500 yards of the barge (Hull Number: CMTYNOT6), and vessels, machinery,
and equipment being used in response and salvage operations for that
barge which had caught on fire on May 23, 2022. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters until completion of response and
salvage operations. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
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. 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).
This regulatory action determination is based on the size and
location of the safety zone. Vessel traffic will be able to safely
transit around this safety zone which would impact a small designated
area of the waters of the Delaware Bay Captain of the Port Zone.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to 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
call or email 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,
[[Page 34576]]
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.
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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will prohibit entry within 500 yards of the barge,
vessels, and machinery being used in emergency response operations. 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. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T05-0431 to read as follows:
Sec. 165.T05-0431 Safety Zone; Barge Fire; Captain of the Port
Delaware Bay Zone
(a) Location. The following area is a safety zone: All waters in
the Captain of the Port Delaware Bay Zone within 500 yards, from
surface to bottom, of the barge (Hull Number: CMTYNOT6), and vessels,
machinery, and equipment being used in emergency response and salvage
operations for that barge.
(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 in the enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter 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, contact the COTP or the COTP's
representative by VHF 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.
(d) Enforcement period. This section will be enforced from May 30,
2022, through June 15, 2022, unless canceled earlier by the COTP.
Dated: May 29, 2022.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2022-12212 Filed 6-6-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 7, 2022.
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