530 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Rules and Regulations 

PART 270—[REMOVED] 

■ Accordingly, by the authority of 5 

U.S.C. 301, 32 CFR part 270, is removed. 

Dated: January 28, 2019. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2019–00428 Filed 1–30–19; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

[Docket ID: USN–2018–HQ–0011] 

RIN 0703–AB03 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972 

AGENCY: Department of the Navy, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule removes 

Department of the Navy regulations 

governing Certification and Exemptions 

under the International Regulations for 

Preventing Collisions at Sea, 1972. The 

certification and exemption of certain 

naval vessels which cannot comply 

fully with the International Regulations 

for Preventing Collisions at Sea, 1972, is 

governed by statute and executive order 

which direct that notice of certification 

of alternate compliance be published in 

the Federal Register. The content of this 

part imposes no burden on the public, 

and the rule is not required. Notice will 

continue to be provided the public 

through the publication of notice 

documents in the Federal Register. 

Therefore, this rule can be removed 

from the CFR. 

DATES: This rule is effective on January 

31, 2019. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Bradley Davis at 202–685–5040. 

SUPPLEMENTARY INFORMATION: 33 U.S.C. 

1605 and Executive Order 11964 of 

January 19, 1977, direct the Department 

of the Navy to provide public notice in 

the Federal Register of U.S. Navy 

vessels which cannot comply fully with 

the International Regulations for 

Preventing Collisions at Sea, 1972. It has 

been determined that publication of this 

CFR part removal for public comment is 

impracticable, unnecessary, and 

contrary to public interest since 

statutorily required notice will be 

accomplished through publication of 

notice documents in the Federal 

Register. 

Removal of this part does not add or 

reduce the burden or cost on the public 

in any way. The cost of certifying 

alternate compliance of U.S. Navy 

vessels and notifying the public of such 

certification will remain the same with 

removal of the part. 

This rule is not significant under 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review,’’ 

therefore, E.O. 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’ does not apply. 

List of Subjects in 32 CFR Part 706 

Marine Safety; Navigation (water). 

PART 706—[REMOVED] 

■ Accordingly, by the authority of 5 

U.S.C. 301, 32 CFR part 706 is removed. 

Dated: January 28, 2019. 

M.S. Werner, 

Commander, Judge Advocate General’s Corps, 

U.S. Navy, Federal Register Liaison Officer. 

[FR Doc. 2019–00412 Filed 1–30–19; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 707 

[Docket ID: USN–2018–HQ–0010] 

RIN 0703–AB04 

Special Rules With Respect to 

Additional Station and Signal Lights 

AGENCY: Department of the Navy, 

Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule removes 

Department of the Navy regulations 

concerning Special Rules with Respect 

to Additional Station and Signal Lights. 

Public notification of U.S. Navy vessels 

which display additional station and 

signal lights is governed by statute and 

executive order which direct that such 

notice be published in the Federal 

Register. The content of this part 

imposes no burden on the public, and 

the rule is not required. Notice will 

continue to be provided the public 

through the publication of notice 

documents in the Federal Register. 

Therefore, this rule can be removed 

from the CFR. 

DATES: This rule is effective on January 

31, 2019. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Bradley Davis at 202–685–5040. 

SUPPLEMENTARY INFORMATION: 33 U.S.C. 

1605 and Executive Order 11964 of 

January 19, 1977, direct the Department 

of the Navy to provide public notice in 

the Federal Register of U.S. Navy 

vessels which display additional station 

and signal lights. It has been determined 

that publication of this CFR part 

removal for public comment is 

impracticable, unnecessary, and 

contrary to public interest since 

statutorily required notice will continue 

to be accomplished through publication 

of notice documents in the Federal 

Register. 

Removal of this part does not add or 

reduce the burden or cost on the public 

in any way. The cost of notifying the 

public regarding additional station and 

signal lights displayed by U.S. Navy 

vessels will remain the same with 

removal of the part. 

This rule is not significant under 

Executive Order (E.O.) 12866, 

‘‘Regulatory Planning and Review,’’ 

therefore, E.O. 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’ does not apply. 

List of Subjects in 32 CFR Part 707 

Marine safety; Navigation (water). 

PART 707—[REMOVED] 

■ Accordingly, by the authority of 5 

U.S.C. 301, 32 CFR part 707 is removed. 

Dated: January 29, 2019. 

M.S. Werner, 

Commander, Judge Advocate General’s Corps, 

U.S. Navy, Federal Register Liaison Officer. 

[FR Doc. 2019–00415 Filed 1–30–19; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0376] 

RIN 1625–AA00 

Safety Zone; Neches River, Beaumont, 

TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is extending 

the duration of a temporary safety zone 

on the navigable waters of the Neches 

River extending 500-feet on either side 

of the Kansas City Southern Railroad 

Bridge that crosses the Neches River in 

Beaumont, TX. The safety zone is 

necessary to protect the bridge as well 

as persons and property on or near the 

bridge from potential damage from 

passing vessels until missing and/or 

damaged fendering systems are repaired 


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Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Rules and Regulations 531 

or replaced. Entry of certain vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Marine Safety Unit 

Port Arthur or a designated 

representative. 

DATES: This rule is effective from 1 a.m. 

on February 1, 2019 through midnight 

on September 30, 2019. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2018– 

0376 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Scott Whalen, Marine Safety 

Unit Port Arthur, U.S. Coast Guard; 

telephone 409–719–5086, email 

Scott.K.Whalen@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Marine Safety 

Unit Port Arthur 

DHS Department of Homeland Security 

FR Federal Register 

KCS Kansas City Southern Railroad 

Company 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

VTS Vessel Traffic Service 

II. Background Information and 

Regulatory History 

On April 19, 2018, the Coast Guard 

was notified that the wood fendering 

systems designed to protect bridge 

support columns of the Kansas City 

Southern Railroad Company’s bridge 

(KSC) from strikes by vessels transiting 

under the bridge had been damaged or 

destroyed by Hurricane Harvey. The 

south bank column protection fenders 

are missing and the north bank column 

protection fenders are severely 

damaged. KCS indicated that strikes to 

the support columns could compromise 

the bridge structure. In response, on 

May 7, 2018 the Coast Guard published 

a temporary final rule; request for 

comment titled Safety Zone; Neches 

River, Beaumont, TX (83 FR 19965). 

During the comment period that ended 

on May 29, 2018, we received no 

comments. The safety zone was 

established on May 7, 2018, and 

extended on September 5, 2018 via a 

temporary final rule titled Safety Zone; 

Neches River, Beaumont, TX (83 FR 

45047). The zone is scheduled to expire 

on January 31, 2019. 

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 continue 

to respond to potential safety hazards 

posed by and to passing vessel traffic 

and to the unprotected bridge columns 

supporting the KCS Bridge. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Marine Safety Unit 

Port Arthur (COTP) has determined that 

potential hazards posed by the 

unprotected bridge columns are a safety 

concern to the KCS Bridge and to 

persons and property on or near the 

bridge. The purpose of this rule is to 

provide for the safety of the KCS Bridge 

and persons and property on or near the 

bridge. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our temporary final rule; 

request for comments published on May 

7, 2018. The only changes in the 

regulatory text of this rule are minor 

formatting edits and the extension of the 

effective period until September 30, 

2019, or until the missing and/or 

damaged fenders are repaired or 

replaced, whichever occurs first. 

This rule extends the temporary safety 

zone from February 1, 2019 through 

September 30, 2019 or until missing 

and/or damaged fendering systems are 

repaired or replaced, whichever occurs 

first. The safety zone extends 500-feet 

on either side of the KCS Bridge that 

crosses the Neches River in Beaumont, 

TX in approximate location 30°04′54.8′′ 

N 094°05′29.4′′ W. The duration of the 

zone is intended to protect the bridge 

support columns as well as persons and 

property on or near the bridge until the 

bridge fendering is repaired or replaced. 

Only vessels less than 65 feet in length 

and not engaged in towing are 

authorized to enter the zone, unless 

otherwise permitted by the COTP or a 

designated representative to enter the 

safety zone. 

Persons and vessels desiring to enter 

the safety zone must request permission 

from the COTP or a designated 

representative. They may be contacted 

through Vessel Traffic Service (VTS) on 

channels 65A or 13 VHF–FM, or by 

telephone at (409) 719–5070. 

Permission to transit through the 

bridge will be based on weather, tide 

and current conditions, vessel size, 

horsepower, and availability of assist 

vessels. All persons and vessels 

permitted to enter this temporary safety 

zone shall comply with the lawful 

orders or directions given to them by 

COTP or a designated representative. 

Intentional or unintentional contact 

with any part of the bridge or associated 

structure, including fendering systems, 

support columns, spans or any other 

portion of the bridge, is strictly 

prohibited. Report any contact with the 

bridge or associated structures 

immediately to VTS Port Arthur on 

channels 65A, 13 or 16 VHF–FM or by 

telephone at (409) 719–5070. 

The Coast Guard will inform the 

public through public of the effective 

period of this safety zone through VTS 

Advisories, Broadcast Notices to 

Mariners (BNMs), Local Notice to 

Mariners (LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. This rule 

will only affect certain vessels transiting 

the upper reaches of the Neches River 

in Beaumont, TX. The Coast Guard will 

issue a VTS Advisory concerning the 

zone, and the rule allows vessels to seek 

permission to enter 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 


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532 Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Rules and Regulations 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rulemaking. 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 contact 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact 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 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 and Commandant 

Instruction M16475.1D, 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- 

feet of either side of the KCS Bridge that 

crosses the Neches River in Beaumont, 

TX. It is categorically excluded from 

further review under paragraph L60(d) 

of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 01. A Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0376 to read as 

follows: 

§ 165.T08–0376 Safety Zone; Neches 

River, Beaumont, TX. 

(a) Location. The following area is a 

safety zone: all navigable waters 

extending 500-feet on either side of the 

Kansas City Southern Railroad Bridge 

that crosses the Neches River in 

Beaumont, TX in approximate location 

30°04′54.8′′ N 094°05′29.4′′ W. 

(b) Effective and enforcement periods. 

This section is effective from 1 p.m. on 

February 1, 2019 through midnight on 

September 30, 2019. This section will be 

enforced from 1 p.m. on February 1, 

2019 through midnight on September 

30, 2019, or until missing and/or 

damaged fendering systems are repaired 

or replaced, whichever occurs first. 

(c) Regulations. (1) No vessel may 

enter or remain in the safety zone 

except: 

(i) A vessel less than 65 feet in length 

and not engaged in towing; or 

(ii) A vessel authorized by the Captain 

of the Port Marine Safety Unit Port 

Arthur (COTP) or a designated 

representative. 

(2) Persons and vessels desiring to 

enter the safety zone must request 

permission from the COTP or a 

designated representative. They may be 

contacted through Vessel Traffic Service 

(VTS) on channels 65A or 13 VHF–FM, 

or by telephone at (409) 719–5070. 

(3) Permission to transit through the 

bridge will be based on weather, tide 

and current conditions, vessel size, 

horsepower, and availability of assist 

vessels. All persons and vessels 

permitted to enter this temporary safety 

zone shall comply with the lawful 

orders or directions given to them by 

COTP or a designated representative. 

(4) Intentional or unintentional 

contact with any part of the bridge or 

associated structure, including 

fendering systems, support columns, 


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Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 / Rules and Regulations 533 

spans or any other portion of the bridge, 

is strictly prohibited. Report any contact 

with the bridge or associated structures 

immediately to VTS Port Arthur on 

channels 65A, 13 or 16 VHF–FM or by 

telephone at (409) 719–5070. 

(d) Informational broadcasts. The 

Coast Guard will inform the public 

through public of the effective period of 

this safety zone through VTS 

Advisories, Broadcast Notices to 

Mariners (BNMs), Local Notice to 

Mariners (LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

Dated: December 26, 2018. 

K.J. Pierre, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Marine Safety Unit Port 

Arthur. 

[FR Doc. 2019–00423 Filed 1–30–19; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–1063] 

RIN 1625–AA00 

Safety Zones, Delaware River; 

Maintenance Dredging 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

establishing temporary safety zones in 

portions of New Castle Range, Marcus 

Hook Range, Deepwater Point Range, 

and Anchorage 7 off Marcus Hook 

Range on the Delaware River. The safety 

zones will temporarily restrict vessel 

traffic from transiting or anchoring in a 

portion of the Delaware River while 

dredging operations are being 

conducted to facilitate the Delaware 

River annual maintenance project for 

the main navigational channel of the 

Delaware River. This regulation is 

necessary to provide for the safety of life 

on navigable waters of the Delaware 

River, in the vicinity of dredging 

activity and is intended to protect 

mariners from the hazards associated 

with pipe-laying and dredging 

operations. 

DATES: This rule is effective without 

actual notice from January 31, 2019, 

through May 31, 2019. For the purposes 

of enforcement, actual notice will be 

used from January 15, 2019, through 

January 31, 2019. 

Comments and related material must 

be received by the Coast Guard on or 

before March 4, 2019. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2018– 

1063 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. You may submit comments 

identified by docket number USCG– 

2018–1063 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion for further 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Edmund Ofalt, U.S. 

Coast Guard, Sector Delaware Bay, 

Waterways Management Division, 

telephone (215) 271–4889, email 

Edmund.j.ofalt@uscg.mil. 

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 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

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 doing 

so would be impractical and contrary to 

the public interest. Final details for the 

dredging operation were not received by 

the Coast Guard until January 9, 2019. 

Vessels transiting through New Castle 

Range, Marcus Hook Range, Deepwater 

Point Range, or entering the waters of 

Anchorage 7 off Marcus Hook Range 

during dredging operations may be at 

risk. We are taking immediate action to 

help protect the safety of the project 

personnel, vessels, and the marine 

environment on the navigable waters 

within the safety zones while dredging 

is being conducted. It is important to 

have these regulations in effect during 

dredging operations and it is 

impracticable to delay the regulations. 

We are issuing this rule and, under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register 

because doing so would be contrary to 

the public interest. Allowing this 

dredging operation to go forward 

without safety zones in place would 

expose mariners and the public to 

unnecessary dangers. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port (COTP), Delaware 

Bay, has determined that potential 

hazards associated with dredging 

operations beginning on or after January 

15, 2019, will be a safety concern for 

vessels attempting to transit the 

Delaware River, along New Castle 

Range, Marcus Hook Range, Deepwater 

Point Range, and Anchorage 7 off 

Marcus Hook Range. This rule is needed 

to protect personnel, vessels, and the 

marine environment on the navigable 

waters within the safety zones while 

dredging operations are being 

conducted. 

IV. Discussion of the Rule 

This rule establishes safety zones on 

portions of the Delaware River from 

January 15, 2019 until May 31, 2019, 

unless cancelled earlier by the COTP. 

The safety zones are necessary to 

facilitate the main channel annual 

maintenance of New Castle Range, 

Marcus Hook Range, Deepwater Point 

Range, and Anchorage 7 off Marcus 

Hook Range (as described in 33 CFR 

110.157(a)(8)). Maintenance dredging in 

the channel will most likely be 

conducted with the dredge ESSEX, 

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 

the 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 displaying lights and shapes for 

vessels restricted in ability to maneuver 

as described in 33 CFR 83.27 and all 

related dredge equipment when the 

dredge is operating in New Castle 

Range, Marcus Hook Range, Deepwater 

Point Range, and Anchorage 7. This 

safety zone is being established for the 


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