Proposed Rule2024-20358
Safety Zone; Waterway Training Area, Delaware River, Near Eddystone, PA
Primary source
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Published
September 9, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a safety zone for certain waters of the Delaware River. This action is necessary to provide for the safety of life on the navigable waters on a portion of the Delaware River near Eddystone, PA, during non-lethal signaling and warning device training conducted from onboard U.S. Coast Guard vessels. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port (COTP), Sector Delaware Bay or a designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 89 Issue 174 (Monday, September 9, 2024)</title>
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[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Proposed Rules]
[Pages 73055-73058]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20358]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0680]
RIN 1625-AA00
Safety Zone; Waterway Training Area, Delaware River, Near
Eddystone, PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a safety zone for
certain waters of the Delaware River. This action is necessary to
provide for the safety of life on the navigable waters on a portion of
the Delaware River near Eddystone, PA, during non-lethal signaling and
warning device training conducted from onboard U.S. Coast Guard
vessels. This proposed rulemaking would prohibit persons and vessels
from being in the safety zone unless authorized by the Captain of the
Port (COTP), Sector Delaware Bay or a designated representative. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 9, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0680 using the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST1 Dylan Caikowski, Waterways
Management Division, U.S. Coast Guard Sector Delaware Bay; (215) 271-
4814, <a href="/cdn-cgi/l/email-protection#9dcef8fed9f8f1dffce4cacad0dde8eefefab3f0f4f1"><span class="__cf_email__" data-cfemail="0152646245646d43607856564c41747262662f6c686d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NM Nautical mile
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The U.S. Coast Guard is charged with numerous responsibilities to
protect inland and coastal waterways. Missions include maritime law
enforcement, search and rescue, marine environmental response,
protection of marine sanctuaries, alien migration interdiction, drug
interdiction, boating safety, port safety and security, and military
support. One of the tools the Coast Guard uses to help execute these
missions when encountering a non-compliant vessel is the LA51.
The LA51 is a non-lethal signaling and warning device Coast Guard
personnel use during law enforcement operations for getting the
attention of vessels which do not respond to orders from the Coast
Guard. The LA51 is a two-part (flash bang) ammunition round fired from
a 12-gauge military shotgun to produce a visible signal at a range of
100 meters. The explosive pyrotechnic flash is a bright, white light
lasting less than one second with a loud report (170 decibels at the
source).
To maintain ports, waterways, and coastal security mission
readiness, Coast Guard personnel within the Sector
[[Page 73056]]
Delaware Bay COTP Zone must conduct LA51 device training. At the
present time, Coast Guard personnel within the Sector Delaware Bay COTP
Zone must transit beyond the 12 NM baseline to conduct LA51 device
training. This is a logistical and financial burden for the units
within Sector Delaware Bay COTP Zone and it limits training
opportunities. To better accommodate the Sector's training needs, the
COTP Sector Delaware Bay is proposing to establish a safety zone
shoreward of the 12 nautical miles (NM) baseline for use as a waterway
training area.
Although the LA51 has a low risk of significant injury, there is
some risk of injury or death resulting from near or actual contact
among training vessels and waterway users. This risk would increase if
normal vessel traffic were to interfere with a training event. As
training vessels would be operating near designated navigation
channels, as well near approaches to local public boat ramps, private
marinas and yacht clubs, and waterfront businesses, the chance of such
contact cannot be discounted. The COTP Sector Delaware Bay has
therefore determined that potential hazards associated with the LA51
device trainings would be a safety concern for anyone within the
waterway training areas.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the waterway training area before,
during, and after the training events. The proposed safety zone
waterway training area would only be used to conduct LA51 device
training as needed for Coast Guard Law Enforcement training
requirements. And the COTP Sector Delaware Bay would only activate the
safety zone, making subject to enforcement, during periods when
training was being conducted. If this permanent Coast Guard waterway
training area safety zone was not established, the COTP Sector Delaware
Bay would need to establish a temporary safety zone multiple times for
LA51 training. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP Sector Delaware Bay is proposing to establish a safety
zone for use as a waterway training area. The safety zone would only be
subject to enforcement for periods when training was to take place.
The waterway training area includes all navigable waters, on a
portion of the Delaware River, encompassed by a line connecting the
following points beginning at latitude 39[deg]51'05.4'' N, longitude
075[deg]20'17.4'' W; thence east to latitude 39[deg]51'42.0'' N,
longitude 075[deg]18'39.6'' W; thence south to latitude
39[deg]50'38.4'' N, longitude 075[deg]18'09.0'' W; thence west to
latitude 39[deg]50'05.4'' N, longitude 075[deg]19'37.2'' W; and thence
north back to the beginning point. These coordinates are based on Datum
WGS 84. The waterway training area is located near Eddystone, PA, west
of Little Tinicum Island and east of Chester Island. The safety zone is
a square in shape measuring approximately 2,500 yards in length and
approximately 2,500 yards in width.
The proposed waterway training area would be located within a
portion of the main navigable channel in the Delaware River. Although
this safety zone encompasses a portion of the main navigational channel
in the Delaware River that is used by the commercial and recreational
vessels, vessel traffic in this area would be able to safely transit
through the safety zone, after obtaining permission from the COTP
Sector Delaware Bay or a designated representative. The Coast Guard
would ensure appropriate monitoring of the waterway while the safety
zone is activated.
The Coast Guard anticipates that the proposed safety zone would be
activated for approximately two hours on six separate occasions
annually--a total of approximately 12 annual enforcement hours for the
zone. The Coast Guard anticipates that it would activate the zone at
various times of the year during daylight hours only. Whenever a LA51
device training event is planned, the COTP Sector Delaware Bay would
notify the maritime community of the enforcement dates and times of the
safety zone as the training event dictates. Such notification would be
made by broadcast or local notice to mariners, on-scene oral notice, or
other appropriate means in accordance with 33 CFR 165.7.
The duration and enforcement of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
these training events. Except for training participants, no vessel or
person would be permitted to enter the safety zone without obtaining
permission from the COTP Sector Delaware Bay or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
duration, and location of the safety zone. It is anticipated that the
safety zone will be activated for six separate events annually. Vessel
traffic will be able to safely transit through the safety zone while
being enforced, with permission from the COTP Sector Delaware Bay or a
designated representative by telephone at (215) 271-4807 or on VHF-FM
radio channel 16. The impact to the Delaware River would be for
approximately 2 hours or less. Moreover, the Coast Guard will release
the details of the zone via a Broadcast Notice to Mariners on VHF-FM
radio channel 16 and publish in the Local Notice to Mariners.
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
proposed 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
IV.A above, this proposed 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 proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it
[[Page 73057]]
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 proposed rule. If the proposed 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. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed 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 proposed rule has implications for federalism or
Indian tribes, please call or email 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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 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 proposed rule involves a safety
zone lasting approximately two hours on six separate occasions annually
for LA51 device training. 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. 1. A preliminary
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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. 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. Your comment can help shape the outcome of this rulemaking. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2024-0680 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.523 to read as follows:
Sec. 165.523 Safety Zone; Waterway Training Area, Sector Delaware Bay
Captain of the Port Zone
(a) Location. All navigable waters, on a portion of the Delaware
River, encompassed by a line connecting the following points beginning
at latitude
[[Page 73058]]
39[deg]51'05.4'' N, longitude 075[deg]20'17.4'' W; thence east to
latitude 39[deg]51'42.0'' N, longitude 075[deg]18'39.6''W; thence south
to latitude 39[deg]50'38.4'' N, longitude 075[deg]18'09.0'' W; thence
west to latitude 39[deg]50'05.4'' N, 075[deg]19'37.2'' W; and thence
north back to the beginning point. (WGS 84)
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer onboard a Coast Guard vessel
or onboard a federal, state, or local law enforcement vessel assisting
the Captain of the Port (COTP), Sector 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 or remain in the safety zone
described in paragraph (a) of this section unless authorized by the
COTP or the COTP's designated representative.
(2) To seek permission to enter or remain in the zone, contact the
COTP or the COTP's representative via VHF-FM channel 16 or (215) 271-
4807. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(3) No vessel authorized to enter or remain in the zone may take on
bunkers or conduct lightering operations within the safety zone during
its enforcement period.
(4) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
(d) Enforcement. (1) The safety zone created by this section will
be enforced only upon issuance of a Broadcast Notice to Mariners (BNM)
by the COTP or the COTP's representative, as well as on-scene notice or
other appropriate means in accordance with Sec. 165.7.
(2) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone by Federal, State, and local agencies.
Dated: September 3, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-20358 Filed 9-6-24; 8:45 am]
BILLING CODE 9110-04-P
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