8994 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 6002 Class E Surface Airspace. 

* * * * * 

ASO GA E2 Columbus, GA [Amended] 

Columbus Airport, GA 

(Lat 32°30′59′′ N, long 84°56′20′′ W) 

Lawson AAF (Fort Moore) 

(Lat 32°19′54′′ N, long 84°59′14′′ W) 

That airspace extending upward from the 

surface within a 4.4-mile radius of the 

Columbus Airport, and that airspace 

extending upward from the surface within a 

5.2-mile radius of Lawson Army Airfield 

(Fort Moore), and that airspace within 1 mile 

each side of the 145° bearing from the AAF 

extending from the 5.2-mile radius to 6.8 

miles southeast of the AAF. This Class E 

airspace is effective during the specific dates 

and times established in advance by a Notice 

to Air Missions. The effective date and time 

will thereafter be continuously published in 

the Chart Supplement. 

* * * * * 

Paragraph 6004 Class E Airspace 

Designated as an Extension to Class D or 

Class E Surface Area. 

* * * * * 

ASO AL E4 Fort Novosel (Ozark), AL 

[Amended] 

Cairns Army Air Field (Fort Novosel), AL 

(Lat 31°16′33′′ N, long 85°42′48′′ W) 

Cairns VOR 

(Lat 31°16′08′′ N, long 85°43′35′′ W) 

That airspace extending upward from the 

surface within 3.5 miles on each side of 

Cairns VOR 231° radial, extending from the 

5-mile radius of lat. 31°18′30′′ N, long. 

85°42′20′′ W to 7 miles southwest of the VOR, 

and within 2 miles each side of Cairns Army 

Airfield Runway 36 extended centerline, 

extending from the 5-mile radius to 5 miles 

south of the runway end. 

* * * * * 

Issued in College Park, Georgia, on 

February 5, 2024. 

Andreese C. Davis, Manager, 

Airspace & Procedures Team South, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2024–02610 Filed 2–8–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0128] 

RIN 1625–AA00 

Safety Zones; Delaware River 

Dredging, Marcus Hook, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

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 Range. 

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 Captain of the Port 

(COTP) or his designated 

representatives. 

DATES: This rule is effective without 

actual notice from February 9, 2024 

through April 30, 2024. For the 

purposes of enforcement, actual notice 

will be used from February 6, 2024, 

through February 9, 2024 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0128 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 Christopher 

Payne, Waterways Management Branch, 

U.S. Coast Guard Sector Delaware Bay; 

telephone (267) 515–7294, email 

SecDelBayWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port 

CFR Code of Federal Regulations 

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 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 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 February 6, 

2024 to serve its purpose of ensuring the 

safety of the public from hazards 

associated with dredging operations. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard also finds that good cause exists 

for making this rule effective less than 

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 

(previously 33 U.S.C. 1231). The COTP 

has determined that there are potential 

hazards associated with dredging 

operations, such as submerged and 

floating pipelines, booster pumps, head 

sections, and support 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 dredging operations and all 

associated pipeline and equipment. 

IV. Discussion of the Rule 

This rule establishes two safety zones, 

both of which will be in effect from 

February 6, 2024 through April 30, 

2024. The safety zones are necessary to 

facilitate annual maintenance dredging 

of the Delaware River in the vicinity of 

Marcus Hook Range and Anchorage 7 

off Marcus Hook Range. (The location of 

the anchorage is described in 33 CFR 

110.157(a)(8).) Dredging will most likely 

be conducted with the dredge ESSEX, 

though other dredges may be used, 

along with the associated dredge 

pipeline and booster pumps. The 

pipeline consists of a combination of 

floating hoses immediately behind the 

dredge and submerged pipeline leading 

to upland disposal areas. Booster 

pumps, located between the dredge 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 8995 

pump and the discharge point, allow the 

dredge pump to operate more 

efficiently. 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, which will be 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 Marcus Hook Range, and Anchorage 

7. 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. 

Preference is being given to vessels at 

least 650 feet in length in Anchorage 7 

while this rule is in effect, because 

vessels of this size are limited in their 

ability to utilize other anchorages due to 

draft. The depth of Anchorage 7 

provides an acceptable depth for large 

vessels to bunker and stage for facility 

arrival. 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 

Executive Order 12866, as amended by 

Executive Order 14094. 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 a number of 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 ESSEX, 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 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 

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 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 


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8996 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Rules and Regulations 

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 enter 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 documents mentioned in 

this preamble as being available in 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 

■ 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. 

■ 2. Add § 165.T05–1004, to read as 

follows. 

§ 165.T05–1004 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 zones 

described in paragraphs (a)(1) and (2) of 

this section. 

(c) Regulations. (1) Entry into or 

transiting within Safety Zone One 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 in effect and subject to enforcement 

from February 6, 2024 through April 30, 

2024. If the Captain of the Port 

determines that conditions no longer 

warrant enforcement of the rule, he will 

provide notice to that effect via Marine 

Safety Information Bulletin and 

Broadcast Notice to Mariners. 

Dated: February 6, 2024. 

Kate F. Higgins-Bloom, 

Captain, U.S. Coast Guard Captain of the 

Port, Delaware Bay. 

[FR Doc. 2024–02704 Filed 2–8–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0630; FRL–11582– 

02–R4] 

Air Plan Approval; Georgia; Vehicle 

Inspection and Maintenance Program 

AGENCY: Environmental Protection 

Agency (EPA). 


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