Rule2024-26945
Safety Zones; Delaware River Dredging, Marcus Hook, PA
Primary source
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Published
November 20, 2024
Effective
November 20, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing two temporary safety zones on the waters of the Delaware River, in portions of Marcus Hook Range and Anchorage 7, off Marcus Hook, PA. The safety zones temporarily restrict vessel traffic from transiting or anchoring in portions of the Delaware River while maintenance dredging is being conducted within the Delaware River. The safety zones are needed to protect personnel, vessels, and the marine environment from hazards created by dredging operations. Entry of vessels or persons into these zones is prohibited unless specifically authorized by the COTP or his designated representatives.
Full Text
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<title>Federal Register, Volume 89 Issue 224 (Wednesday, November 20, 2024)</title>
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[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Rules and Regulations]
[Pages 91569-91571]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26945]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1007]
RIN 1625-AA00
Safety Zones; Delaware River Dredging, Marcus Hook, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones on
the waters of the Delaware River, in portions of Marcus Hook Range and
Anchorage 7, off Marcus Hook, PA. The safety zones temporarily restrict
vessel traffic from transiting or anchoring in portions of the Delaware
River while maintenance dredging is being conducted within the Delaware
River. The safety zones are needed to protect personnel, vessels, and
the marine environment from hazards created by dredging operations.
Entry of vessels or persons into these zones is prohibited unless
specifically authorized by the COTP or his designated representatives.
DATES: This rule is effective without actual notice from November 20,
2024 through March 31, 2025. For the purposes of enforcement, actual
notice will be used from November 12, 2024, until November 20, 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-
2024-1007 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 Jonathan Lougheed, Waterways Management
Branch, U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4814,
email <a href="/cdn-cgi/l/email-protection#82d1e7e1c6e7eec0e3fbd5d5cfc2f7f1e1e5acefebee"><span class="__cf_email__" data-cfemail="4d1e282e0928210f2c341a1a000d383e2e2a63202421">[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
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 is impracticable
and contrary to the public interest. There is insufficient time to
allow for a reasonable comment period prior to the start date for
dredging operations. The rule must be in force by November 12, 2024, to
serve its purpose of ensuring the safety of the public from hazards
associated with dredging operations, such as submerged and floating
pipeline, booster pumps, head sections and vessels with a restricted
ability to maneuver.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than
[[Page 91570]]
30 days after publication in the Federal Register for the same reasons
discussed above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP has determined that there are potential hazards
associated with dredging operations. The purpose of this rulemaking is
to ensure the safety of personnel, vessels, and the marine environment
within a 250-yard radius of dredging operations and all associated
pipeline and equipment.
IV. Discussion of the Rule
This rule establishes two safety zones from November 12, 2024,
through March 31, 2025. The safety zones are necessary to facilitate
maintenance dredging of the Delaware River in the vicinity of Marcus
Hook Range and Anchorage 7 off Marcus Hook. Anchorage 7 is described in
33 CFR 110.157(a)(8). Dredging will most likely be conducted with the
dredge LEXINGTON, though other dredges may be used, along with
associated dredge pipeline and boosters. The pipeline consists of a
combination of floating hoses immediately behind the dredge and
submerged pipeline leading to upland disposal areas. Due to the hazards
related to dredging operations, the associated pipeline and the
location of submerged pipeline, safety zones are being established in
the following areas:
(1) Safety Zone One includes all navigable waters within 250 yards
of the dredge, and all related dredge equipment when the dredge is
operating in Marcus Hook Range, and Anchorage 7. The dredge will be
displaying lights and shapes for vessels restricted in ability to
maneuver, as described in our Inland Navigation Rules at 33 CFR 83.27.
This safety zone is being established for the duration of the
maintenance project. Vessels requesting to transit the safety zone must
contact the dredge on VHF channel 13 or 16 at least 1 hour prior to
arrival to arrange safe passage. At least one side of the main
navigational channel will be kept clear for safe passage of vessels in
the vicinity of the safety zone. At no time will the entire main
navigational channel be closed to vessel traffic. Vessels should avoid
meeting in these areas where one side of the main navigational channel
is open and proceed per this rule and the Rules of the Road (33 CFR
subchapter E).
(2) Safety Zone Two includes all the waters of Anchorage 7 off
Marcus Hook Range, as described in 33 CFR 110.157(a)(8). Vessels
wishing to anchor in Anchorage 7 off Marcus Hook Range while this rule
is in effect must obtain permission from the COTP at least 24 hours in
advance by calling (215) 271-4807. Vessels requesting permission to
anchor within Anchorage 7 off Marcus Hook must be at least 650 feet in
overall length. The COTP will permit, at maximum, only one vessel to
anchor at a time, on a ``first-come, first-served'' basis. Vessels will
only be allowed to anchor for a 12-hour period. Vessels that require an
examination by the Public Health Service, Customs, or Immigration
authorities will be directed to an anchorage by the COTP for the
required inspection. Vessels are encouraged to use Anchorage 9 near the
entrance to Mantua Creek, Anchorage 10 at Naval Base, Philadelphia, and
Anchorage 6 off Deepwater Point Range as alternative anchorages.
Vessels must be at least 650 feet in length to use Anchorage 7
while this rule is in effect. We are instituting this restriction
because vessels of this size are limited in their ability to utilize
other anchorages due to draft. Smaller vessels maintain a host of other
options to include, but are not limited to, Anchorage 9 and 10, as
recommended above.
Entry into, transiting, or anchoring within safety zone one is
prohibited unless vessels obtain permission from the COTP or make
satisfactory passing arrangements with the operating dredge per this
rule and the Rules of the Road (33 CFR subchapter E). The COTP may
issue updates regarding the vessel and equipment being utilized for
these dredging operations via Marine Safety Information Bulletin and
Broadcast Notice to Mariners.
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, location,
duration, and traffic management of the safety zones. The safety zones
will be enforced in an area and in a manner that does not conflict with
transiting commercial and recreational traffic. At least one side of
the main navigational channel will be open for vessels to transit at
all times. Moreover, the Coast Guard will work in coordination with the
pilots to ensure vessel traffic can transit the area safely.
Although this regulation will restrict access to regulated areas,
the effect of this rule will not be significant because there are
several alternate anchorages available for vessels to anchor.
Furthermore, vessels may transit through the safety zones with the
permission of the COTP or make satisfactory passing arrangements with
the dredge LEXINGTON, or other dredge(s) that may be used in accordance
with this rule and the Rules of the Road (33 CFR subchapter E). The
Coast Guard will notify the maritime public about the safety zones
through maritime advisories, allowing mariners to alter their plans
accordingly.
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules not
subject to notice and comment. As the Coast Guard has, for good cause,
waived notice and comment requirement that would otherwise apply to
this rulemaking, the Regulatory Flexibility Act's provisions do not
apply here. 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
[[Page 91571]]
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 two
safety zones to protect waterway users that would prohibit entry within
250 yards of dredging operations and will close only one side of the
main navigation channel. Vessels can request permission to pass through
the chan. 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, 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.T05-1007, to read as follows.
Sec. 165.T05-1007 Safety Zones, Delaware River Dredging; Marcus
Hook, PA.
(a) Location. The following areas are safety zones:
(1) Safety Zone One includes all waters within 250 yards of the
dredge displaying lights and shapes for vessels restricted in ability
to maneuver as described in 33 CFR 83.27, as well as all related dredge
equipment, while the dredge is operating in Marcus Hook Range. For
enforcement purposes Marcus Hook Range includes all navigable waters of
the Delaware River shoreline to shoreline, bound by a line drawn
perpendicular to the center line of the channel at the farthest upriver
point of the range to a line drawn perpendicular to the center line of
the channel at the farthest downriver point of the range.
(2) Safety zone two includes all the waters of Anchorage 7 off
Marcus Hook Range, as described in 33 CFR 110.157(a)(8) and depicted on
U.S. Nautical Chart 12312.
(b) Definitions. As used in this section--
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port to assist with enforcement of the safety zone described in
paragraph (a) of this section.
(c) Regulations. (1) Entry into or transiting within the safety
zone one described in paragraph (a) of this section is prohibited
unless vessels obtain permission from the Captain of the Port via VHF-
FM channel 16 or 215-271-4807 or make satisfactory passing arrangements
via VHF-FM channel 13 or 16 with the operating dredge per this section
and the rules of the Road (33 CFR subchapter E). Vessels requesting to
transit shall contact the operating dredge via VHF-FM channel 13 or 16
at least 1 hour prior to arrival.
(2) Vessels desiring to anchor in safety zone two, Anchorage 7 off
Marcus Hook Range, must obtain permission from the COTP at least 24
hours in advance by calling (215) 271-4807. The COTP will permit, at
maximum, one vessel at a time to anchor on a ``first-come, first-
served'' basis. Vessels will only be allowed to anchor for a 12-hour
period. Vessels that require an examination by the Public Health
Service, Customs, or Immigration authorities will be directed to an
anchorage for the required inspection by the COTP.
(3) Vessels desiring to anchor in Safety Zone Two, Anchorage 7 off
Marcus Hook Range, must be at least 650 feet in length overall.
(4) This section applies to all vessels except those engaged in the
following operations: enforcement of laws, service of aids to
navigation, and emergency response.
(d) Enforcement. The U.S. Coast Guard may be assisted by federal,
state, and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This rule will be enforced from November
12, 2024, through March 31, 2025, unless cancelled earlier by the
Captain of the Port.
Dated: November 12, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-26945 Filed 11-19-24; 8:45 am]
BILLING CODE 9110-04-P
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