[Federal Register: September 17, 2004 (Volume 69, Number 180)]
[Rules and Regulations]
[Page 55952-55954]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se04-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 110 and 165
[CGD05-04-172]
RIN 1625-AA00
RIN 1625-AA01
Anchorage Grounds and Safety Zone; Delaware Bay and River
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Delaware Bay and River around the Weeks Dredge and Barge 312 and is
placing additional requirements on vessels in Anchorage 6 off Deepwater
Point, Anchorage 7 off Marcus Hook, and Anchorage 9 near the entrance
to Mantua Creek. The Army Corps of Engineers dredges parts of the
Delaware River including the Marcus Hook Range Ship Channel to maintain
congressionally authorized depths. These regulations will help ensure
the safety of vessels transiting the channel as well as vessels engaged
in dredging operations.
DATES: This rule is effective from September 15, 2004, to December 31,
2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-04-172 and are available for
inspection or copying at Coast Guard Marine Safety Office Philadelphia,
One Washington Avenue, Philadelphia, Pennsylvania 19147, between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Kevin Sligh or
Lieutenant Junior Grade Toussaint Alston, Coast Guard Marine Safety
Office Philadelphia, at (215) 271-4889.
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. Allowing for a comment period is impracticable and contrary
to public interest, since immediate action is needed to protect
mariners against potential hazards associated with dredging operations
in the Marcus Hook Range Ship Channel and to modify the anchorage
regulations to facilitate vessel traffic. However, 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 the Marcus Hook
Range Ship Channel to maintain the 40-foot project depth.
To reduce the hazards associated with dredging the channel, vessel
traffic that would normally transit through the Marcus Hook Range Ship
Channel will be diverted through part of Anchorage 7 off Marcus Hook
(``Anchorage 7'') during the dredging operations. Therefore, additional
requirements and restrictions on the use of Anchorage 7 are necessary.
For the protection of mariners transiting in the vicinity of dredging
operations, the Coast Guard is also establishing a safety zone around
the dredging vessels, Weeks Dredge and Barge 312. The safety zone is
intended to protect mariners from the potential hazards associated with
dredging operations and equipment.
Discussion of Temporary Final Rule
Currently paragraph (b)(2) of 33 CFR 110.157 allows vessels to
anchor for up to 48 hours in the anchorage grounds listed in Section
110.157(a), which includes Anchorage 7. However, because of the
temporary re-routing of vessel traffic through Anchorage 7, the Coast
Guard is adding a paragraph (b)(11) in 33 CFR 110.157 to provide
additional requirements and restrictions on vessels using Anchorage 7.
During the effective period, vessels desiring to use Anchorage 7 must
obtain permission from the Captain of the Port Philadelphia. Vessels
should seek this permission at least 24 hours in advance. The Captain
of the Port will permit only one vessel at a time to anchor in
Anchorage 7 and will grant permission on a ``first come, first served''
basis. A vessel will be directed to a location within Anchorage 7 where
it may anchor and will not be permitted to remain in Anchorage 7 for
more than 12 hours.
Any vessel that is arriving from or departing for sea requiring an
examination by the public health service, customs or immigration
authorities will be directed to an anchorage for the required
inspection by the Captain of the Port on a case by case basis.
When Anchorage 7 is occupied, the Coast Guard expects that vessels
normally permitted to anchor in Anchorage 7 will use Anchorage 6 off
Deepwater Point (``Anchorage 6'') or Anchorage 9 near the entrance to
Mantua Creek (``Anchorage 9''), because they are the closest anchorage
grounds to Anchorage 7. To control access to Anchorage 7, the Coast
Guard is requiring a vessel desiring to anchor in Anchorage 7 obtain
advance permission from the Captain of the Port. The Captain of the
Port may be contacted by telephone at (215) 271-4807 or via VHF marine
band radio, channels 13 and 16. To control access to Anchorages 6 and
9, the Coast Guard is requiring any vessel 700 feet or greater in
length to obtain advance permission from the Captain of the Port before
anchoring. The Coast Guard is also concerned that the holding ground in
Anchorages 6 and 9 is not as solid as it is in Anchorage 7. Therefore,
a vessel 700 to 750 feet in length is required to have one tug standing
alongside while at anchor and a vessel over 750 feet in length must
have two tugs standing alongside. The tug must be of sufficient size
and horsepower to prevent an anchored vessel from swinging into the
channel.
The Coast Guard is also establishing a safety zone within a 150-
yard radius of the dredging operations being conducted in the Marcus
Hook Range Ship Channel in the vicinity of Anchorage 7, by the Weeks
Dredge Barge 312. The safety zone is intended to protect mariners
transiting the area from the potential hazards associated with dredging
operations. Vessels transiting the Marcus Hook Range Ship Channel will
have to divert from the main ship channel through Anchorage 7
[[Page 55953]]
and must operate at the minimum safe speed necessary to maintain
steerage and reduce wake. No vessel may enter the safety zone unless
permission is received from the Captain of the Port.
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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
Although this regulation requires certain vessels to have one or
two tugs alongside while at anchor, the requirement only applies to
vessels 700 feet or greater in length that choose to anchor in
Anchorages 6 and 9. Alternate anchorage grounds such as Anchorage A
(Breakwater) and Anchorage 1 (Big Stone) in Delaware Bay, are
reasonably close and generally available. Vessels anchoring in
Anchorages A and 1 are not required to have tugs alongside, except when
specifically directed to do so by the Captain of the Port because of a
specific hazardous condition. Furthermore, few vessels 700 feet or
greater are expected to enter the port during the effective period. The
majority of vessels expected to anchor are less than 700 feet and thus
will not be required to have tugs alongside.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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.
This rule's greatest impact is on vessels greater than 700 feet in
length, which choose to anchor in Anchorages 6 and 9. This rule will
have virtually no impact on any small entities. Therefore, the Coast
Guard certifies under section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 605(b)) that this will not have a significant impact on a
substantial number of small entities.
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.
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 Guards, call 1-888-REG-
FAIR (1-888-743-3247). 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.
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 it 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 would 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 effect 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 will not create an
environmental risk to health or risk to safety that might
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 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.
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
[[Page 55954]]
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) 42 U.S.C. 4321-43701, and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore this rule is categorically excluded under figure 2-1,
paragraph (34)(f) and (g) of the Instruction from further environmental
documentation.
List of Subjects
33 CFR Part 110
Anchorage grounds.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 110 and 165 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, 2071;
Department of Homeland Security Delegation No. 0170.1 and 33 CFR
1.05-1(g).
0
2. From September 15, 2004, until December 31, 2004, amend Sec.
110.157 by adding paragraph (b)(11), to read as follows:
Sec. 110.157 Delaware Bay and River.
* * * * *
(b) * * *
(11) From September 15, 2004, until December 31, 2004, additional
requirements and restrictions in this paragraph for the use of
anchorages defined in paragraphs (a)(7), (a)(8), and (a)(10) of this
section apply.
(i) Before anchoring in Anchorage 7 off Marcus Hook, as described
in paragraph (a)(8) of this section, a vessel must first obtain
permission from the Captain of the Port, Philadelphia. Vessels should
seek this permission at least 24 hours in advance of arrival.
Permission to anchor will be granted on a ``first-come, first-served''
basis. The Captain of the Port, Philadelphia will allow only one vessel
at a time to be at anchor in Anchorage 7, and no vessel may remain
within Anchorage 7 for more than 12 hours. Any vessel that is arriving
from or departing for sea that requires an examination by the public
health service, customs or immigration authorities will be directed to
an anchorage for the required inspection by the Captain of the Port on
a case-by-case basis.
(ii) For Anchorage 6 off Deepwater Point, as described in paragraph
(a)(7) of this section, and Anchorage 9 as described in paragraph
(a)(10) of this section.
(A) Any vessel 700 feet or greater in length requesting anchorage
must obtain permission from the Captain of the Port, Philadelphia,
Pennsylvania. Vessels should seek this permission at least 24 hours in
advance.
(B) Any vessel from 700 to 750 feet in length must have one tug
alongside at all times while the vessel is at anchor.
(C) Any vessel greater than 750 feet in length must have two tugs
alongside at all times while the vessel is at anchor.
(D) The Master, owner or operator of a vessel at anchor must ensure
that any tug required by this section is of sufficient horsepower to
assist with necessary maneuvers to keep the vessel clear of the
navigation channel.
(iii) As used in this section, Captain of the Port means the
Captain of the Port, Philadelphia, Pennsylvania or any Coast Guard
commissioned, warrant, or petty officer authorized to act on his
behalf. The Captain of the Port may be contacted by telephone at (215)
271-4807 or via VHF marine band radio, channels 13 and 16.
* * * * *
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(G), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
4. From September 15, 2004, until December 31, 2004, add temporary
Sec. 165.T05-172 to read as follows:
Sec. 165.T05-172 Safety Zone; Delaware River.
(a) Definition. As used in this section, 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 VHF marine band radio, channels 13 and 16.
(b) Location. The following area is a safety zone: All waters
located within a 150-yard radius arc centered on the dredging operation
and barge, conducting dredging operations in or near the Marcus Hook
Range Ship Channel in the vicinity of Anchorage 7.
(c) Effective period. This section is effective from September 15,
2004, until December 31, 2004.
(d) Regulations.
(1) All persons are required to comply with the general regulations
governing safety zones in 33 CFR 165.23 of this part.
(2) All Coast Guard vessels enforcing this safety zone or watch
officers aboard the Dredge and Barge can be contacted on VHF marine
band radio, channels 13 and 16. The Captain of the Port can be
contacted at (215) 271-4807.
Dated: September 2, 2004.
Ben Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 04-20925 Filed 9-16-04; 8:45 am]
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