52680 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules 

■ 2. From February 28, 2018 to 

September 30, 2019 revise § 117.149 to 

read as follows: 

§ 117.149 China Basin, Mission Creek. 

(a) The draw of the 3rd Street bridge, 

mile 0.0, at San Francisco, need not be 

opened for the passage of vessels. The 

draw shall be returned to operable 

condition within 45 days after 

notification by the District Commander 

to do so. 

(b) The draw of the 4th Street bridge, 

mile 0.2, at San Francisco, shall open on 

signal if at least one hour notice is 

given. 

Dated: November 7, 2017. 

Todd A. Sokalzuk, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eleventh Coast Guard District. 

[FR Doc. 2017–24593 Filed 11–13–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0935] 

RIN 1625–AA00 

Safety Zone; Delaware River; Marcus 

Hook, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

waters of the Delaware River between 

Marcus Hook Range and Tinicum 

Range. The safety zone will temporarily 

restrict vessel traffic from transiting or 

anchoring in portions of the Delaware 

River while rock blasting, dredging, and 

rock removal operations are being 

conducted to facilitate the Main 

Channel Deepening project for the 

Delaware River. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

hazards created by rock blasting, 

dredging, and rock removal operations. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) or his designated 

representatives. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before November 21, 2017. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–0935 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

rulemaking, call or email Petty Officer 

Amanda Boone, Waterways 

Management Branch, U.S. Coast Guard 

Sector Delaware Bay; telephone (215) 

271–4889, email Amanda.N.Boone@

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, Purpose, and Legal 

Basis 

The Army Corps of Engineers notified 

the Coast Guard that Great Lakes 

Dredging and Dock Company will be 

conducting rock blasting, dredging, and 

rock removal operations, beginning 

November 30, 2017 through March 15, 

2018, to facilitate the deepening of the 

main navigational channel to the new 

project depth of 45 feet. The COTP has 

determined that potential hazards 

associated with rock blasting, dredging, 

and rock removal operations will be a 

safety concern for anyone within 500 

yards of the drill boat APACHE or 

dredges TEXAS and NEW YORK. 

The purpose of this proposed 

rulemaking is to ensure the safety of 

personnel, vessels, and the marine 

environment within a 500-yard radius of 

rock blasting, dredging, and rock 

removal operations. The Coast Guard 

proposes this rulemaking under 

authority in 33 U.S.C. 1231. 

III. Discussion of Proposed Rule 

This proposed rule would establish a 

safety zone from November 30, 2017 

through March 15, 2018. The safety 

zone will cover all navigable waters in 

the Delaware River within 500 yards of 

vessels and machinery being used by 

personnel to conduct rock blasting, 

dredging, and rock removal operations 

between Marcus Hook Range and 

Tinicum Range. The safety zone will be 

enforced in an area and in a manner that 

does not conflict with transiting 

commercial and recreational traffic, 

except for the short periods of time 

when explosive detonation are being 

conducted. The explosive detonation 

will not occur more than three times a 

day. At all other times, at least one side 

of the main navigational channel will be 

open for vessels to transit. 

The duration of the zone is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters while operations are being 

conducted. For the duration of the 

project, in the vicinity of the rock 

blasting, rock removal, and dredging 

operation, one side of the main 

navigational channel will be closed. 

Vessels wishing to transit the safety 

zone in the main navigational channel 

may do so if they can make satisfactory 

passing arrangements with drill boat 

APACHE or the dredges TEXAS and 

NEW YORK in accordance with the 

Navigational Rules in 33 CFR 

subchapter E via VHF–FM channel 13 at 

least 30 minutes prior to arrival. If 

vessels are unable to make satisfactory 

passing arrangements with the drill boat 

APACHE or the dredges TEXAS and 

NEW YORK, they may request 

permission from the COTP, or his 

designated representative, on VHF–FM 

channel 16. All vessels must operate at 

the minimum safe speed necessary to 

maintain steerage and reduce wake. 

No vessels may transit through the 

safety zone during times of explosive 

detonation. During explosive 

detonation, vessels will be required to 

maintain a 500 yard distance from the 

drill boat APACHE. The drill boat 

APACHE will make broadcasts via 

VHF–FM channels 13 and 16, at 15 

minutes, 5 minutes, and 1 minute prior 

to detonation, as well as a countdown 

to detonation on VHF–FM channel 16. 

Sector Delaware Bay will ensure notice 

is given to the maritime community of 

dates and times of blasting via broadcast 

notice to mariners on VHF–FM channel 

16. After every explosive detonation, a 

survey will be conducted to ensure the 

navigational channel is clear for vessels 

to transit. The drill boat APACHE will 

broadcast via VHF–FM channel 13 and 

16, when the survey has been completed 

and the channel is clear to transit. 

Vessels wishing to transit the safety 

zone in the main navigational channel 

may do so if they can make satisfactory 

passing arrangements with drill boat 

APACHE or the dredges TEXAS and 

NEW YORK in accordance with the 

Navigational Rules in 33 CFR 

subchapter E via VHF–FM channel 13 at 

least 30 minutes prior to arrival. If 

vessels are unable to make satisfactory 

passing arrangements with the drill boat 

APACHE or the dredge TEXAS and 

NEW YORK, they may request 

permission from the COTP, or his 

designated representative, on VHF–FM 

channel 16. 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules 52681 

IV. Regulatory Analyses 

We developed this proposed 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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

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, duration, 

and traffic management of the safety 

zone. The Coast Guard does not 

anticipate a significant economic impact 

because the safety zone will be enforced 

in an area and in a manner that does not 

conflict with transiting commercial and 

recreational traffic, except for the short 

periods of time when explosive 

detonations are being conducted. The 

blasting detonations will not occur more 

than three times a day. At all other 

times, at least one side of the main 

navigational channel will be open for 

vessels to transit. Moreover, the Coast 

Guard will work in coordination with 

the pilots to ensure vessel traffic is 

limited during the times of detonation 

and Broadcast Notice to Mariners are 

made via VHF–FM marine channel 13 

and 16 when blasting operations will 

occur. 

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 anchor in or transit 

the safety zone may be small entities, for 

the reasons stated in section IV.A above, 

this rule will 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 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 

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. 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 proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed rule has 

implications for federalism or Indian 

tribes, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed 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 made a 

preliminary determination 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 proposed rule 

involves a safety zone that would 

prohibit entry within 500 yards of rock 

blasting, dredging, and rock removal. 

Normally such actions are categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of 

Commandant Instruction M16475.lD. A 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
52682 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects 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 proposes to 

amend 33 CFR 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.T05–0935, to read as 

follows: 

§ 165.T05–0935 Safety Zone, Delaware 

River; Marcus Hook, PA 

(a) Location. The following area is a 

safety zone: all the navigable waters of 

the Delaware River within 500 yards of 

vessels and machinery performing rock 

blasting, rock removal, and dredging 

operations, between Marcus Hook Range 

and Tinicum Range. 

(b) Definitions. As used in this 

section: 

(1) 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) Vessels wishing to 

transit the safety zone in the main 

navigational channel may do so if they 

can make satisfactory passing 

arrangements with the drill boat 

APACHE or the dredges TEXAS and 

NEW YORK, as applicable, in 

accordance with the Navigational Rules 

in 33 CFR subchapter E via VHF–FM 

channel 13 at least 30 minutes prior to 

arrival. If vessels are unable to make 

satisfactory passing arrangements with 

the drill boat APACHE or the dredges 

TEXAS and NEW YORK, they may 

request permission from the Captain of 

the Port, or his designated 

representative, on VHF–FM channel 16. 

(2) The operator of any vessel 

requesting to transit through the safety 

zone shall proceed as directed by the 

drill boat APACHE, the dredges TEXAS 

and NEW YORK, or the designated 

representative of the Captain of the Port 

and must operate at the minimum safe 

speed necessary to maintain steerage 

and reduce wake. 

(3) No vessels may transit through the 

safety zone during times of explosive 

detonation. During explosive 

detonation, vessels will be required to 

maintain a 500 yard distance from the 

drill boat APACHE. The drill boat 

APACHE will make broadcasts, via 

VHF–FM Channel 13 and 16, at 15 

minutes, 5 minutes, and 1 minute prior 

to detonation, as well as a countdown 

to detonation on VHF–FM Channel 16. 

(4) After every explosive detonation a 

survey will be conducted by the 

dredging contractor to ensure the 

navigational channel is clear for vessels 

to transit. The drill boat APACHE will 

broadcast, via VHF–FM channel 13 and 

16, when the survey has been completed 

and the channel is clear to transit. 

Vessels requesting to transit through the 

safety zone shall proceed as directed by 

the Captain of the Port and contact the 

drill boat APACHE on VHF–FM channel 

13 to make safe passing arrangements. 

(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 December 01, 2017, 

through March 15, 2018, unless 

cancelled earlier by the Captain of the 

Port. 

Dated: November 7, 2017. 

Scott E. Anderson, 

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

Port, Delaware Bay. 

[FR Doc. 2017–24554 Filed 11–13–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2009–0436; FRL–9970–65– 

Region 1] 

Air Plan Approval; Rhode Island; 

Enhanced Motor Vehicle Inspection 

and Maintenance Program 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Rhode Island. These revisions include 

regulations to update the enhanced 

motor vehicle inspection and 

maintenance (I/M) program in Rhode 

Island. The revised program includes a 

test and repair network consisting of onboard diagnostic (OBD2) testing for 

model year 1996 and newer vehicles 

and tailpipe exhaust test, using a 

dynamometer, for model year 1995 and 

older vehicles. The intended effect of 

this action is to propose approval of the 

revised program into the Rhode Island 

SIP. This action is being taken in 

accordance with the Clean Air Act. 

DATES: Written comments must be 

received on or before December 14, 

2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2009–0436 at 

www.regulations.gov, or via email to 

garcia.ariel@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 


jstallworth on DSKBBY8HB2PROD with PROPOSALS