Rule2024-21157
Safety Zone; Christina River, Delaware River, Wilmington, DE
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 18, 2024
Effective
September 18, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters within a 1,000-yard radius of the oil transfer dock at Buckeye Terminal Wilmington, in Wilmington, DE. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fuel oil discharge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Delaware Bay or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 181 (Wednesday, September 18, 2024)</title>
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[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76417-76419]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21157]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0867]
RIN 1625-AA00
Safety Zone; Christina River, Delaware River, Wilmington, DE
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 1,000-yard radius of the oil transfer dock at
Buckeye Terminal Wilmington, in Wilmington, DE. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by a fuel oil discharge. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Sector Delaware Bay or a designated
representative.
DATES: This rule is effective without actual notice from September 18,
2024 through 11:59 p.m. September 19, 2024. For the purposes of
enforcement, actual notice will be used from 11 a.m. September 12,
2024, until September 18, 2024.
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-
2024-0867 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 about this rule,
call or email Petty Officer Dylan Caikowski, Waterways Management
Division, U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-
4814, email <a href="/cdn-cgi/l/email-protection#194a7c7a5d7c755b78604e4e54596c6a7a7e37747075"><span class="__cf_email__" data-cfemail="6e3d0b0d2a0b022c0f173939232e1b1d0d0940030702">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Delaware Bay
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
A fuel oil discharge occurred at the oil transfer dock at Buckeye
Terminal, in Wilmington, Delaware, on September 12, 2024, and prompt
action is needed to respond to the potential safety hazards associated
a fuel oil discharge into a navigable waterway. The Coast Guard is
issuing this temporary rule under the authority in 5 U.S.C. 553(b)(B).
This statutory 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.'' 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 contrary to the public
interest to delay publication of a final rule to deal with this
emergency situation.
Also, 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 prompt action is needed to respond to the potential safety
hazards associated a fuel oil discharge into a navigable waterway.
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 Sector Delaware Bay (COTP) has
determined that potential hazards associated with a fuel oil discharge
into a navigable waterway will be a safety concern for anyone within a
1,000-yard radius of the oil transfer dock at Buckey Terminal
Wilmington, in Wilmington, DE. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while responding to a discharge of fuel oil.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from September 12,
2024, through September 19, 2024. The safety zone will cover all
navigable waters of the Christina River and the Delaware River within
1,000 yards of the oil transfer dock at Buckeye Terminal Wilmington, in
Wilmington, DE, in position latitude 39[deg]42.96' N, longitude
75[deg]30.84' W. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while responding to a discharge of fuel oil. 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 section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on size, duration,
and location of the temporary safety zone. The safety zone is effective
for 7 days but will only be enforced while personnel are responding to
the fuel oil discharge. Vessel traffic may be able to transit through
the safety zone if authorized by
[[Page 76418]]
the COTP or a designated representative. Moreover, the Coast Guard will
release the details of the zone via a Broadcast Notice to Mariners on
VHF-FM radio channel 16.
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, do not apply
this rule. They do not apply because this rule fits a 5 U.S.C.
553(b)(B) good-cause exception for notice-and-comment rulemaking.
Therefore, we were not required to publish a notice of proposed
rulemaking. 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, 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
temporary safety zone lasting only 7 days that will prohibit entry
within 1,000 yards of Buckeye Terminal Wilmington, in Wilmington, DE,
to respond to the potential safety hazards associated a fuel oil
discharge into a navigable waterway. It is categorically excluded from
further review under paragraph L60(c) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1.
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, 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.T05-0867, to read as follows.
Sec. 165.T05-0867 Safety Zone; Christina River, Delaware River,
Wilmington, DE
(a) Location. All navigable waters of the Christina River and the
Delaware River, within 1,000 yards of the oil transfer dock at Buckeye
Terminal Wilmington, in Wilmington DE, in position latitude
39[deg]200E;42.96'N, longitude 75[deg]200E;30.84'W. (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 on board a Coast Guard vessel
or on board 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) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
(e) Enforcement Period. This rule will be in effect from 11 a.m. on
September 12, 2024, to 11:59 p.m. on September 19, 2024.
[[Page 76419]]
Dated: September 12, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-21157 Filed 9-17-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 18, 2024.
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