Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 52005 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0983] 

Drawbridge Operation Regulation; 

Hutchinson River, Mount Vernon, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the South Fulton 

Avenue Bridge across the Hutchinson 

River, mile 2.9, at Mount Vernon, New 

York. This deviation is necessary to 

facilitate bridge rehabilitation allowing 

the owner to temporarily close the draw 

for ten days. 

DATES: This deviation is effective from 

12:01 a.m. on November 13, 2017 until 

11:59 p.m. on November 22, 2017. 

ADDRESSES: The docket for this 

deviation, USCG–2017–0983, is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Judy K. LeungYee, Bridge Management Specialist, 

First District Bridge Branch, U.S. Coast 

Guard; telephone 212–514–4336, email 

Judy.K.Leung-Yee@uscg.mil. 

SUPPLEMENTARY INFORMATION: The owner 

of the bridge, the Westchester County 

Department of Public Works and 

Transportation, requested a temporary 

deviation in order to facilitate bridge 

rehabilitation including placement of 

the concrete deck for the counterweight 

spans, installation of concrete on the 

movable spans, installation of sidewalk 

deck panels, control/mechanical 

equipment wiring and testing, and 

bridge testing. 

The South Fulton Avenue Bridge 

across the Hutchinson River, mile 2.9, at 

Mount Vernon, New York is a bascule 

bridge with a vertical clearance of 6 feet 

at mean high water and 13 feet at mean 

low water in the closed position. The 

existing drawbridge operating 

regulations are listed at 33 CFR 

117.793(c). 

This temporary deviation will allow 

the South Fulton Avenue Bridge to 

remain in the closed position from 12:01 

a.m. on November 13, 2017 to 11:59 

p.m. on November 22, 2017. The 

waterway is transited by recreational 

vessels and commercial vessels. There is 

only one facility upstream of this bridge. 

Coordination with waterway user has 

indicated no objection to the proposed 

closure of the draw. Vessels that can 

pass under the bridge without an 

opening may do so at all times. The 

bridge will not be able to open for 

emergencies. There is no alternate route 

for vessels to pass. 

The Coast Guard will also inform the 

users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so vessel operators may 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: November 3, 2017. 

Christopher J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2017–24378 Filed 11–8–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–1028] 

RIN 1625–AA00 

Safety Zone; Atlantic Ocean, Rehoboth 

Beach, DE 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary safety zones in 

the Atlantic Ocean, off the coast of 

Rehoboth Beach, DE and in Breakwater 

Harbor near Cape Henlopen. Safety zone 

one is being established for navigable 

waters in the vicinity of the derrick 

barge HAAKON during dredging 

operations, pipe laying operations, 

diving operations and underwater 

construction operations. Safety zone 

two is being established for waters in 

the vicinity of the working barges and 

pipeline located in Breakwater Harbor 

during pipeline fusing and testing 

operations. This regulation is necessary 

to provide for the safety of life on 

navigable waters of Breakwater Harbor 

and the Atlantic Ocean in the vicinity 

of the construction operations off the 

coast of Rehoboth Beach during 

construction activities. Entry of vessels 

or persons into these zones is prohibited 

unless specifically authorized by the 

Captain of the Port Delaware Bay. 

DATES: This rule is effective without 

actual notice from November 9, 2017 

through February 28, 2018. For the 

purposes of enforcement, actual notice 

will be used from November 6, 2017 

through November 9, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

1028 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 Petty Officer Edmund Ofalt, 

Waterways Management Branch, U.S. 

Coast Guard Sector Delaware Bay; 

telephone (215) 271–4814, 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 due to the short 

time period between when Sector 

Delaware Bay received complete details 

of this project, October 30, 2017, and the 

date when these safety zones needed to 

go into effect. It is impracticable and 

contrary to the public interest to publish 

an NPRM to provide a notice and 

opportunity for comment period 

because the safety zones must be 

established by November 6, 2017, to 

ensure safety of life on navigable waters 

in the vicinity of dredging operations, 

pipe laying operations, diving 

operations as well as construction 


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52006 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 

operations and to protect mariners from 

hazards associated with the same. 

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 mitigate 

the hazards presented to safety of life on 

the Atlantic Ocean off the coast of 

Rehoboth Beach and in Breakwater 

Harbor by the presence of dredge, diving 

and construction equipment. 

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, 

diving, pipe laying, and construction 

operations starting November 6, 2017 

will be a safety concern for vessels 

attempting to transit the Atlantic Ocean 

offshore of Rehoboth Beach and 

Breakwater Harbor. This rule is needed 

to protect personnel, vessels, and the 

marine environment on the navigable 

waters within the safety zones while 

dredging, diving, pipe laying, and 

construction operations are being 

conducted. 

IV. Discussion of the Rule 

This rule establishes two safety zones 

from November 6, 2017, through 

February 28, 2018, unless cancelled 

earlier by the COTP, to facilitate 

dredging, diving, pipe laying, and 

construction operations. Dredging 

operations will commence on November 

6, 2017. The derrick barge HAAKON 

will begin dredging at approximate 

coordinates 38°43′43.79′′ N., 75°3′32.60′′ 

W. and move to the east. 

Simultaneously, at another location, 

pipeline fusing operations will begin 

and pipeline will be connected into two 

sections of approximately 1,900 feet in 

length each and one section 

approximately 1,800 feet in length. 

Pipeline fusing operations are expected 

to take approximately 25 days. At the 

completion of pipeline fusing 

operations, all the sections of pipeline 

will be pulled into Breakwater Harbor to 

approximately 38°47′53.00′′ N., 

75°6′13.85′′ W. The two 1,900 foot 

sections of pipeline will be fused 

together and tested for continuity for at 

least 48 hours. When the pipeline 

proves to be continuous, it will be taken 

to the location of dredging operations 

where it will be inserted into a hole 

which has been horizontally drilled 

back to the Rehoboth Beach water 

treatment facility. The 1,800 foot section 

will then be laid in the trench and 

connected to the 3,800 foot section. A 

diffuser of approximately 127 feet will 

then be connected to the end of the 

pipe. Upon completion of connections 

and testing, a portion of the sediment 

removed during the dredging operations 

will be placed back over the pipeline 

and diffuser along with marine matting 

to ensure stability. 

Safety zone one includes all navigable 

waters within 150 yards of the derrick 

barge HAAKON and associated 

dredging, diving, and construction 

equipment operating in the Atlantic 

Ocean offshore of Rehoboth Beach, DE, 

at approximate location 38°43′43.79′′ N., 

75°3′32.60′′ W. 

Safety zone two includes all navigable 

waters within 150 yards of the platform 

barge MANSON 76 and all associated 

equipment, to include pipeline, 

operating in Breakwater Harbor at 

approximate location 38°47′53.00′′ N., 

75°6′13.85′′ W. 

Vessels requesting to enter either 

safety zone must receive permission 

from the COTP on VHF–FM channel 16. 

Vessels may also contact the HAAKON 

or MANSON 76 in the event of an 

emergency on VHF–FM channel 68 or 

13. 

V. Regulatory Analyses 

This rule was developed after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below is a summary of analyses based 

on a number of these statutes and 

Executive orders, and 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 zones. Although 

this regulation will restrict access to 

regulated areas, the effect of this rule 

will not be significant because the 

locations allow for transit around the 

areas included in the safety zones as 

well as a reduction in vessel traffic in 

the areas due to seasonal variations in 

the quantity of vessel traffic in these 

locations. 

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 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 


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Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 52007 

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 

above. 

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 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

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 safety 

zones that encompass all navigable 

waters within 150 yards of dredging, 

diving, construction operations and 

associated equipment. It is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. 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.T05–1028, to read as 

follows: 

§ 165.T05–1028 Safety Zone; Atlantic 

Ocean, Rehoboth Beach, DE. 

(a) Location. The following area are 

safety zones: 

(1) Safety zone one includes all 

navigable waters within 150 yards of the 

derrick barge HAAKON and associated 

equipment operating in the Atlantic 

Ocean offshore of Rehoboth Beach, DE, 

at approximate location 38°43′43.79′′ N., 

75°3′32.60′′ W. 

(2) Safety zone two includes all 

navigable waters within 150 yards of the 

platform barge MANSON 76 and all 

associated equipment, to include 

pipeline, operating in Breakwater 

Harbor at approximate location 

38°47′53.00′′ N., 75°6′13.85′′ W. 

(3) These coordinates are based on the 

World Geodedic System 1984 (WGS 84) 

horizontal datum reference. 

(b) Definitions—(1) Captain of the 

Port means the Commander Sector 

Delaware Bay or any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized by the Captain 

of the Port to act on his behalf. 

(2) Designated representative means 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the Captain of the Port, Delaware 

Bay, to assist with the enforcement of 

safety zones described in paragraph (a) 

of this section. 

(c) Regulations. The general safety 

zone regulations found in 33 CFR part 

165 subpart C apply to the safety zone 

created by this section. 

(1) Entry into or transiting within 

either safety zone is prohibited unless 

vessels obtain permission from the 

Captain of the Port, via VHF–FM 

channel 16. Vessels may also contact the 

derrick barge HAAKON or platform 

barge MANSON 76, via VHF–FM 

channel 13 or 68 in an emergency. 

(2) Vessels granted permission to 

enter and transit the safety zone must do 

so in accordance with any directions or 

orders of the Captain of the Port, or his 

designated representative. No person or 

vessel may enter or remain in a safety 

zone without permission from the 

Captain of the Port. 

(3) This section applies to all vessels 

that intend to transit through the safety 

zone except vessels that are engaged in 

the following operations: Enforcement 

of laws; service of aids to navigation, 

and emergency response. 

(d) Enforcement periods. This section 

will be enforced from November 6, 

2017, through February 28, 2017. 

Dated: November 3, 2017. 

Scott E. Anderson, 

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

Port, Delaware Bay. 

[FR Doc. 2017–24377 Filed 11–8–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–1034] 

RIN 1625–AA00 

Safety Zone; Port of Ponce Turning 

Basin, Bahı ́a de Ponce, Ponce, PR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 100 yard 

radius of the salvage vessel and 

associated machinery in the Turning 

Basin, Bahia De Ponce in Ponce, Puerto 

Rico (PR). The safety zone is needed to 

protect personnel, vessels, and the 

marine environments from potential 

hazards created by the salvage 

operations. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port San Juan. 

DATES: This rule is effective without 

actual notice from November 9, 2017 

until 7 p.m. on November 12, 2017. For 

the purposes of enforcement, actual 


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