Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 91569 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

moving security zone lasting for the 

duration of time that the M/V 

WOODSIDE CHANEY, CLEAN CAJUN, 

and CLEAN RESOLUTION is within the 

Corpus Christi Ship Channel and La 

Quinta Channel while loaded with 

cargo. It will prohibit entry within a 

500-yard radius of the M/V WOODSIDE 

CHANEY, CLEAN CAJUN, and CLEAN 

RESOLUTION while the vessel is 

transiting loaded within Corpus Christi 

Ship Channel and La Quinta Ship 

Channel. It is categorically excluded 

from further review under L60(a) in 

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 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: 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.T08–1024 to read as 

follows: 

§ 165.T08–1024 Security Zones; Corpus 

Christi Ship Channel. Corpus Christi, TX. 

(a) Location. The following area is a 

moving security zone: All navigable 

waters encompassing a 500-yard radius 

around the M/V WOODSIDE CHANEY, 

CLEAN CAJUN, and CLEAN 

RESOLUTION while the vessel loaded 

with cargo and is in the Corpus Christi 

Ship Channel and the La Quinta Ship 

Channel. 

(b) Enforcement period. This section 

will be enforced during the times each 

ship is loaded and underway. 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

A designated representative is a Coast 

Guard Patrol Commander, including a 

Coast Guard coxswain, petty officer, or 

other officer operating a Coast Guard 

vessel and a Federal, State, and local 

officer designated by or assisting the 

Captain of the Port, USCG Sector Corpus 

Christi (COTP) in the enforcement of the 

security zone. 

(2) Persons or vessels desiring to enter 

or pass through the zones must request 

permission from the COTP Sector 

Corpus Christi on VHF–FM channel 16 

or by telephone at 361–939–0450. 

(3) If permission is granted, all 

persons and vessels must comply with 

all lawful orders and directions of the 

COTP or the COTP’s designated 

representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners (BNMs) and Marine 

Safety Information Bulletins (MSIBs) of 

the enforcement times and dates for this 

security zone. 

Dated: November 14, 2024. 

J.J. Andrew, 

Captain, U.S. Coast Guard, Captain of the 

Port (Acting), Sector Corpus Christi. 

[FR Doc. 2024–27067 Filed 11–19–24; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 SecDelBayWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

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 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 


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91570 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

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 


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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 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 

■ 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.T05–1007, to read as 

follows. 

§ 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, firstserved’’ 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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