[Federal Register: October 6, 2004 (Volume 69, Number 193)]
[Rules and Regulations]
[Page 59799-59801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc04-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-04-191]
RIN 1625-AA00
Safety Zone; Delaware River
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone from
the north end of Pier 80 to the south end of Pier 84. The safety zone
extends 50 yards eastward from the pier faces to the channel in the
Delaware River, Philadelphia, PA. This safety zone is necessary to
provide for the safety of life, property and to facilitate commerce.
The temporary safety zone prohibits persons or vessels from entering
within 50 yards from the north end of Pier 80 to the south end of Pier
84 on the Delaware River, unless authorized by the Captain of the Port
Philadelphia, PA or designated representative.
[[Page 59800]]
DATES: This rule is effective from September 30, 2004 to February 1,
2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-04-191 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
Ensign Jill Munsch, Coast Guard Marine Safety Office/Group
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. Publishing a NPRM and delaying its effective date would be
contrary to public interest, since immediate action is needed to
protect mariners against potential hazards associated with debris on
the Delaware River.
Background and Purpose
On August 20, 2004 at 12:15 p.m. approximately 200 linear feet of
Pier 80's eastern seawall collapsed into the Delaware River depositing
debris into the western edge of the navigable channel. On August 25,
2004 at 5 p.m. approximately 90 linear feet of Pier 84's north apron
was deposited into the Delaware River. A temporary safety zone was
established on August 26, 2004 and will expire on October 1, 2004
(docket CGD05-04-170). The repairs to the piers are still ongoing,
making it necessary to continue the Safety Zone until February 1, 2005.
The purpose of this regulation is to promote maritime safety, and
to protect the environment and mariners transiting the area from
submerged objects and debris. Mariners should be aware that barges will
be on site for the duration of the debris removal. This rule
establishes a safety zone, from the north end of Pier 80 to the south
end of Pier 84 extending 50 yards out into the channel of the Delaware
River in Philadelphia, PA. Mariners traveling in the vicinity of the
safety zone should maintain a minimum safe speed, in accordance with
the Navigation Rules as seen in 33 CFR Chapter I, Subchapters D and E.
The safety zone will protect mariners transiting the area from the
potential hazards associated with debris in the Delaware River. The
Captain of the Port will notify the maritime community, via marine
broadcasts, while the safety zone is enacted.
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.
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.
This will have virtually no impact on any small entities. This rule
does not require a general notice of proposed rulemaking and,
therefore, it is exempt from the requirement of the Regulatory
Flexibility Act. Although this rule is exempt, we have reviewed it for
potential economic impact on 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 process.
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
(1-888-743-3247).
Collection of Information
This rule would call 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 would not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would 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
[[Page 59801]]
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. We invite your comments on how this rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this rule under Executive Order 12211, 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 this rule and
concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
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. This rule does not use technical standards.
Therefore, we did not consider the use of voluntary consensus
standards.
List of Subjects in 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 part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. 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
2. Add temporary Sec. 165.T05-191 to read as follows:
Sec. 165.T05-191 Safety zone; Delaware River
(a) Location. The following area is a temporary safety zone: All
waters and adjacent shoreline of the Delaware River encompassed from
the north end of Pier 80 to south end of Pier 84 extending out 50 yards
into the channel.
(b) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part.
(1) All Coast Guard assets enforcing this safety zone can be
contacted on VHF marine band radio, channels 13 and 16. The Captain of
the Port can be contacted at (215) 271-4807.
(2) All persons desiring to transit through the safety zone must
contact the Captain of the Port at telephone number (215) 271-4807 or
on VHF channel 13 or 16 to seek permission prior to transiting the
area. If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port Philadelphia, PA or
designated representative.
(3) The Captain of the Port will notify the public of any changes
in the status of this safety zone by Marine Safety Radio Broadcast on
VHF-FM marine band radio, channel 22 (157.1 MHZ).
(4) Mariners transiting in the vicinity of the safety zone should
maintain the minimum safe speed necessary to maintain navigation.
(c) Definition. 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.
(d) Effective period. This section is effective from September 30,
2004 to February 1, 2005.
Dated: September 30, 2004.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 04-22504 Filed 10-5-04; 8:45 am]
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