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[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Rules and Regulations]
[Pages 88648-88650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25958]

[[Page 88648]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0680]
RIN 1625-AA00

Safety Zone; Waterway Training Area, Delaware River, Near 
Eddystone, PA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for certain 
waters of the Delaware River. This action is necessary to provide for 
the safety of life on the navigable waters on a portion of the Delaware 
River near Eddystone, PA, during non-lethal signaling and warning 
device training conducted from onboard U.S. Coast Guard vessels. This 
rule prohibits persons and vessels from being in the safety zone unless 
authorized by the Captain of the Port (COTP), Sector Delaware Bay or a 
designated representative.

DATES: This rule is effective December 9, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0680 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 
rulemaking, call or email LCDR Owen Mims, Chief Waterways Management 
Division, U.S. Coast Guard; 215-271-4814, [email protected].

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

    To maintain ports, waterways, and coastal security mission 
readiness, Coast Guard personnel within the Sector Delaware Bay COTP 
Zone must conduct LA51 device training. As we explained in a notice of 
proposed rulemaking (NPRM), the LA51 is a non-lethal signaling and 
warning device Coast Guard personnel use during law enforcement 
operations for getting the attention of vessels which do not respond to 
orders from the Coast Guard. The NPRM was published on September 9, 
2024, and titled Safety Zone; Waterway Training Area, Delaware River, 
Near Eddystone, PA (89 FR 73055).
    At the present time, Coast Guard personnel within the Sector 
Delaware Bay COTP Zone must transit beyond the 12 NM baseline to 
conduct LA51 device training. This is a logistical and financial burden 
for the units within Sector Delaware Bay COTP Zone and it limits 
training opportunities. To better accommodate the Sector's training 
needs, the COTP Sector Delaware Bay proposed to establish a safety zone 
shoreward of the 12 nautical miles (NM) baseline for use as a waterway 
training area in the Delaware River. In the NPRM, we invited comments 
on our proposed regulatory action related to this safety zone. During 
the comment period that ended October 9, 2024, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46 
U.S.C. 70034. The purpose of this rulemaking is to ensure the safety of 
vessels and the navigable waters within the waterway training area 
before, during, and after the training events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM. There are no 
changes in the regulatory text of this rule from the proposed rule in 
the NPRM.
    The COTP Sector Delaware Bay is establishing a safety zone for use 
as a waterway training area. The safety zone waterway training area 
will only be used to conduct LA51 device training as needed for Coast 
Guard Law Enforcement training requirements. And the COTP Sector 
Delaware Bay will only activate the safety zone, making it subject to 
enforcement, during periods when training is being conducted.
    The waterway training area includes all navigable waters, on a 
portion of the Delaware River, near Eddystone, PA, west of Little 
Tinicum Island and east of Chester Island. The safety zone is a square 
in shape measuring approximately 2,500 yards in length and 
approximately 2,500 yards in width. The exact coordinates of the safety 
zone are provided in the text of the rule, which is provided at the end 
of this FR article.
    The waterway training area will be located within a portion of the 
main navigable channel in the Delaware River. Although this safety zone 
encompasses a portion of the main navigational channel in the Delaware 
River that is used by the commercial and recreational vessels, vessel 
traffic in this area would be able to safely transit through the safety 
zone after obtaining permission from the COTP Sector Delaware Bay or a 
designated representative. The Coast Guard will ensure appropriate 
monitoring of the waterway while the safety zone is activated.
    The Coast Guard anticipates that the proposed safety zone would be 
activated for approximately two hours on six separate occasions 
annually--a total of approximately 12 annual enforcement hours for the 
zone. The Coast Guard anticipates that it would activate the zone at 
various times of the year during daylight hours only. Whenever a LA51 
device training event is planned, the COTP Sector Delaware Bay would 
notify the maritime community of the enforcement dates and times of the 
safety zone as the training event dictates. Such notification would be 
made by broadcast or local notice to mariners, on-scene oral notice, or 
other appropriate means in accordance with 33 CFR 165.7.
    The duration and enforcement of the zone is intended to ensure the 
safety of vessels and these navigable waters before, during, and after 
these training events. Except for training participants, no vessel or 
person would be permitted to enter the safety zone without obtaining 
permission from the COTP Sector Delaware Bay 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).

[[Page 88649]]

    This regulatory action determination is based on the size, 
duration, and location of the safety zone. It is anticipated that the 
safety zone will be activated for six separate events annually. Vessel 
traffic will be able to safely transit through the safety zone while 
being enforced, with permission from the COTP Sector Delaware Bay or a 
designated representative by telephone at (215) 271-4807 or on VHF-FM 
radio channel 16. The impact to the Delaware River would be for 
approximately 2 hours or less. Moreover, the Coast Guard will release 
the details of the zone via a Broadcast Notice to Mariners on VHF-FM 
radio channel 16 and publish in the Local Notice to Mariners.

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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed 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 
safety zone lasting approximately two hours on six separate occasions 
annually for LA51 device training. 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.  165.523 to read as follows:

Sec.  165.523  Safety Zone; Waterway Training Area, Sector Delaware Bay 
Captain of the Port Zone

    (a) Location. All navigable waters, on a portion of the Delaware 
River, encompassed by a line connecting the following points beginning 
at latitude 39[deg]51'05.4'' N, longitude 075[deg]20'17.4'' W; thence 
east to latitude 39[deg]51'42.0'' N, longitude 075[deg]18'39.6'' W; 
thence south to latitude 39[deg]50'38.4'' N, longitude 
075[deg]18'09.0'' W; thence west to latitude 39[deg]50'05.4'' N, 
075[deg]19'37.2'' W; and thence north back to the beginning point. (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 onboard a Coast Guard vessel 
or onboard 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

[[Page 88650]]

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) No vessel authorized to enter or remain in the zone may take on 
bunkers or conduct lightering operations within the safety zone during 
its enforcement period.
    (4) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (d) Enforcement. (1) The safety zone created by this section will 
be enforced only upon issuance of a Broadcast Notice to Mariners (BNM) 
by the COTP or the COTP's representative, as well as on-scene notice or 
other appropriate means in accordance with Sec.  165.7.
    (2) The U.S. Coast Guard may be assisted in the patrol and 
enforcement of the safety zone by Federal, State, and local agencies.

    Dated: November 4, 2024.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2024-25958 Filed 11-7-24; 8:45 am]
BILLING CODE 9110-04-P
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