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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 [www.gpo.gov]
[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 https://www.regulations.gov, 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 [email protected].

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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