Rule2025-12765
Safety Zones; Delaware River Dredging, Marcus Hook, PA
Primary source
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Published
July 9, 2025
Effective
July 9, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing three temporary safety zones on the waters of the Delaware River, in portions of Marcus Hook Range, Anchorage 7, off Marcus Hook, PA, and Anchorage 9, near entrance to Mantua Creek. The safety zones temporarily restrict vessel traffic from transiting or anchoring in portions of the Delaware River while maintenance dredging is being conducted. 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 90 Issue 129 (Wednesday, July 9, 2025)</title>
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[Federal Register Volume 90, Number 129 (Wednesday, July 9, 2025)]
[Rules and Regulations]
[Pages 30208-30211]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12765]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0556]
RIN 1625-AA00
Safety Zones; Delaware River Dredging, Marcus Hook, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing three temporary safety zones
on the waters of the Delaware River, in portions of Marcus Hook Range,
Anchorage 7, off Marcus Hook, PA, and Anchorage 9, near entrance to
Mantua Creek. The safety zones temporarily restrict vessel traffic from
transiting or anchoring in portions of the Delaware River while
maintenance dredging is being conducted. 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 July 9, 2025,
through October 31, 2025. For the purposes of enforcement, actual
notice will be used from July 1, 2025, until July 9, 2025.
Comments due date: Comments and related material must be received
by the Coast Guard on or before August 8, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0556 using the Federal Document Management System 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. 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-2025-0556 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
Branch, U.S. Coast Guard Sector Delaware Bay; telephone (206) 815-6688,
option 3, email <a href="/cdn-cgi/l/email-protection#3f6c5a5c7b5a537d5e466868727f4a4c5c5811525653"><span class="__cf_email__" data-cfemail="aaf9cfc9eecfc6e8cbd3fdfde7eadfd9c9cd84c7c3c6">[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
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
to do so given that there is insufficient time to allow for a
reasonable comment period and publish a final rule prior to July 1,
2025, the start date for dredging operations.
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 for the same reason provided 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 dredging operations present
potential hazards, such as the presence of submerged and floating
pipelines, booster pumps, head sections, and vessels with a restricted
ability to maneuver. The purpose of this rulemaking is to ensure the
safety of personnel, vessels, and the marine environment within a 250-
yard radius of
[[Page 30209]]
dredging operations and all associated pipeline and equipment and to
ensure safe anchorage availability for larger vessels which are not
able to anchor in areas being dredged.
IV. Discussion of the Rule
This rule establishes three safety zones from July 1, 2025, through
October 31, 2025. Two safety zones are being established to facilitate
maintenance dredging of the Delaware River in the vicinity of Marcus
Hook Range, and Anchorage 7, off Marcus Hook, as described in 33 CFR
110.157(a)(8). The third safety zone is being established in Anchorage
9, near entrance to Mantua Creek, as described in 33 CFR
110.157(a)(10), to ensure safe anchorage availability for larger
vessels that cannot anchor in Anchorage 7 because of the dredging.
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
chapter I, 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, two vessels 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 under 650 feet in overall length may
request to anchor in Anchorage 7, off Marcus Hook Range by contacting
the COTP via phone at (215) 271-4807 and may be approved on a case-by-
case basis. Vessels are encouraged to use Anchorage 9 near the entrance
to Mantua Creek, Anchorage 12 between Gloucester and Camden,
Philadelphia, and Anchorage 6 off Deepwater Point Range as alternative
anchorages.
(3) Safety Zone Three includes all the waters of Anchorage 9, near
entrance to Mantua Creek, as described in 33 CFR 110.157(a)(10).
Vessels must be at least 500 feet in overall length to anchor in
Anchorage 9, near entrance to Mantua Creek. Vessels under 500 feet in
overall length may request to anchor in Anchorage 9, near entrance to
Mantua Creek by contacting the COTP via phone at (215) 271-4807 and may
be approved on a case-by-case basis.
Vessels must be at least 650 feet in overall length to use
Anchorage 7 and 500 feet in overall length to use Anchorage 9 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 and Anchorage 9 needs to be utilized as
overflow for vessels between 500 feet and 700 feet in overall length.
Smaller vessels maintain a host of other options to include, but not
limited to, Anchorage 6 and 12, 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 chapter I, subchapter E). The
COTP may issue updates regarding the vessel and equipment being
utilized for these dredging operations via Marine Safety Information
Bulletin, Broadcast Notice to Mariners and Local 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.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
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 chapter I, 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 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
[[Page 30210]]
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 will 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 three
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 channel. 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.
VI. Public Participation and Request for Comments
Although we are promulgating this as a temporary interim rule for
lack of time to take comments prior to issuing the rule, we view public
participation as essential to effective rulemaking and will consider
all comments and material received during the comment period. 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 Document Management System 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-2025-0556 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 rule for alternate instructions.
Viewing material in docket. To view documents mentioned in this
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 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 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 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. 01.4.
0
2. Add Sec. 165.T05-0556 to read as follows:
Sec. 165.T05-0556 Safety Zones, Delaware River Dredging; Marcus Hook,
PA.
(a) Location. The following areas are safety zones:
[[Page 30211]]
(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, 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).
(3) Safety zone three includes all the waters of Anchorage 9, near
entrance to Mantua Creek, as described in 33 CFR 110.157(a)(10).
(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 is prohibited unless vessels make satisfactory passing
arrangements via VHF-FM radio channel 13 or 16 with the operating
dredge per this section and the rules of the Road (33 CFR chapter I,
subchapter E). Vessels requesting to transit shall contact the
operating dredge via VHF-FM radio channel 13 or 16 at least 1 hour
prior to arrival. Alternatively, vessels may obtain permission from the
Captain of the Port, Sector Delaware Bay (COTP) via VHF-FM radio
channel 16 or via phone at (215) 271-4807.
(2) Vessels desiring to anchor in safety zone two, Anchorage 7 off
Marcus Hook Range, must be at least 650 feet in overall length and must
obtain permission from the COTP at least 24 hours in advance by calling
(215) 271-4807. The COTP will permit, at maximum, two vessels 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 under 650 feet in
overall length may request to anchor in Anchorage 7, off Marcus Hook
Range by contacting the COTP at the phone number detailed above and may
be approved on a case-by-case basis. 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 three, Anchorage 9,
near entrance to Mantua Creek, must be at least 500 feet in overall
length. Vessels under 500 feet in overall length may request to anchor
in Anchorage 9, near entrance to Mantua Creek, and may be approved on a
case-by-case basis.
(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 section will be enforced from July 1,
2025, through October 31, 2025, unless cancelled earlier by the Captain
of the Port, Sector Delaware Bay.
Dated: July 1, 2025.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2025-12765 Filed 7-8-25; 8:45 am]
BILLING CODE 9110-04-P
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