[Federal Register: December 22, 2003 (Volume 68, Number 245)]
[Rules and Regulations]
[Page 70995-70996]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de03-1]
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Rules and Regulations
Federal Register
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[[Page 70995]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 110
[CGD05-03-195]
RIN 1625-AA01
Anchorage Grounds; Delaware Bay and River
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the regulations that
govern Anchorage 5, southeast of Pea Patch Island, due to U.S. Army
Corp of Engineers dredging operations in the anchorage. This regulation
will help ensure the safety of vessels anchoring in Anchorage 5 while
dredging operations are ongoing. Mariners must receive approval from
the Captain of the Port Philadelphia before using the anchorage and
DATES: This rule is effective from December 9, 2003, until December 31,
2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-03-195 and are available for
inspection or copying at Coast Guard Fifth District, 431 Crawford
Street, Portsmouth, Virginia, 23704, between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Roger Smith,
Coast Guard Fifth District Marine Safety Division, at (757) 398-6389.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and (d)(3), the Coast Guard finds
that good cause exists for not publishing a NPRM and for making this
regulation effective less than 30 days after publication in the Federal
Register. On November 28, 2003, a contractor for the Army Corps of
Engineers began conducting dredging operations, which are potentially
hazardous to mariners in New Castle Range Ship Channel and in Anchorage
5 southeast of Pea Patch Island. Publishing an NPRM, allowing for a
comment period, and/or waiting 30 days after publication before making
this regulation effective is impracticable and contrary to public
interest. Immediate action is needed to protect mariners against the
potential hazards associated with the dredging operation. Advance
notification will be made to affected mariners via marine information
broadcasts.
Background and Purpose
The U.S. Army Corps of Engineers (USACE) conducts dredging
operations on the Delaware River in the vicinity of New Castle Range
Ship Channel to maintain the 46-foot project depth.
To reduce the hazards associated with dredging the channel,
mariners must receive approval from the Captain of the Port
Philadelphia before using Anchorage 5 while the operations are ongoing.
Discussion of Temporary Final Rule
Currently in paragraph (b)(2) of 33 CFR 110.157, vessels are
allowed to anchor for up to 48 hours in the anchorage grounds listed in
Sec. 110.157(a), which includes Anchorage 5. However, because of
underwater dredge piping in Anchorage 5 southeast of Pea Patch Island,
the Coast Guard is temporarily adding paragraph (b)(12) in 33 CFR
110.157 to protect mariners from encountering hazards within Anchorage
5. All vessels desiring to use Anchorage 5 must obtain permission from
the Captain of the Port 24 hours prior to anchoring. The Coast Guard
expects that vessels normally permitted to anchor in Anchorage 5 will
make arrangements to anchor elsewhere during the dredge operations, as
there are 15 other anchorages in the local area.
Regulatory Evaluation
This temporary rule is not a ``significant regulatory action''
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. It is not ``significant'' under the regulatory
policies and procedures of the Department of Homeland Security (DHS)
because we expect the economic impact of this rule to be so minimal.
There are fifteen other anchorages in the local area for use by
mariners. Also, New Castle Range is not near any critical
infrastructure or marine terminals and Anchorage 5 is rarely used by
the public or by the river pilots.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
Therefore, the Coast Guard certifies under section 605(b) of the
regulatory Flexibility Act (5 U.S.C 605(b)) that this rule will not
have a significant impact on a substantial number of small entities.
This rule may affect the following entities, some of which may be
small entities: the pilots association, the supply boat providers, and
the tugboat operators. However, there are fifteen other anchorages in
the local area for use by these small businesses. This temporary
regulation will not have a significant impact on a substantial number
of entities for the following reasons: Anchorage 5 is rarely used, as
other anchorages are more convenient to these businesses. In addition,
the New Castle Range is not near any critical infrastructure or marine
terminals.
Assistance for Small Entities
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 so that they can better evaluate
its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of federal
employees who enforce or otherwise determine compliance with federal
regulations to
[[Page 70996]]
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 (1-888-743-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that this rule does not have
implications for federalism.
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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of temporarily
restricting the usage of Anchorage 5 and concluded under figure 2-1,
paragraph (34)(f), of Commandant Instruction M16475.lD, that this rule
is categorically excluded from further environmental documentation.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 110 as follows:
PART 110--ANCHORAGE REGULATIONS
0
1. The authority citation for part 110 continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035 and
2071; 33 CFR 1.05-1(g). Department of Homeland Security Delegation
No. 0170.1.
0
2. From December 9, 2003, until December 31, 2003, add temporary Sec.
110.157(b)(12) to read:
Sec. 110.157 Delaware Bay and River.
* * * * *
(b) * * *
(12) All vessels desiring to use Anchorage 5 southeast of Pea Patch
Island must obtain permission from the Captain of the Port 24 hours
prior to anchoring. The Captain of the Port means the Commanding
Officer of the Coast Guard Marine Safety Office/Group Philadelphia or
any Coast Guard commissioned, warrant or petty officer who has been
authorized by the Captain of the Port to act on his behalf. The Captain
of the Port may be contacted by telephone at (215) 271-4807 or via
channels 13 and 16 on VHF marine band radio.
* * * * *
Dated: December 9, 2003.
Sally Brice-O'Hara,
Rear Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-31391 Filed 12-19-03; 8:45 am]
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