[Federal Register: February 5, 2004 (Volume 69, Number 24)]
[Rules and Regulations]
[Page 5473-5474]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe04-13]
[[Page 5473]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-04-022]
RIN 1625-AA00
Safety Zone; Chesapeake & Delaware Canal
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone encompassing the
Chesapeake & Delaware Canal between Town Point Wharf and Reedy Point.
This safety zone is necessary to provide for the safety of life and
property and to facilitate commerce. This safety zone limits transits
by imposing keel cooler or upper and lower intake restrictions on
vessels operating within the safety zone due to the hazards to
navigation created by the ice.
DATES: This rule is effective from January 27, 2004, to March 15, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-04-022 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 an NPRM and for making this
regulation effective less than 30 days after publication in the Federal
Register. Publishing an NPRM and delaying its effective date would be
contrary to public interest, since immediate action is needed to
protect mariners against the hazards associated with ice conditions on
the Chesapeake & Delaware Canal. Record cold temperatures causing ice
to form at a greater than normal rate made it impracticable and
dangerous to mariners to delay publishing this safety zone.
Background and Purpose
During a moderate or severe winter, frozen waterways present
numerous hazards to vessels. Ice in a waterway may hamper a vessel's
ability to maneuver, and could cause visual aids to navigation to be
submerged, destroyed or moved off station. Ice abrasions and ice
pressure could also compromise a vessel's watertight integrity, and
non-keel hull cooler or upper and lower intake equipped vessels would
be exposed to a greater risk of loss of propulsion during the narrow
transit through the C&D Canal, posing a risk of running aground.
When ice conditions develop to a point where vessel operations
become unsafe, it becomes necessary to impose operating restrictions to
ensure the safe navigation of vessels. Captains of the Port have the
authority (33 CFR part 160, subpart B) to restrict and manage vessel
movement by implementing a safety zone. The Captain of the Port
Philadelphia is establishing a safety zone on the Chesapeake & Delaware
Canal that will restrict access to the Canal to only those vessels with
keel coolers or upper and lower intakes.
The purpose of this regulation is to promote maritime safety, and
to protect the environment and mariners transiting the area from the
potential hazards due to ice conditions that become a threat to
navigation. This rule establishes a safety zone encompassing the
Chesapeake & Delaware Canal between Town Point Wharf and Reedy Point.
Discussion of Temporary Final Rule
This rule limits access to the safety zone to those vessels
authorized to enter and operate safely within the zone. Vessels not
meeting the operating requirements established by this temporary rule
will not be allowed to enter the safety zone. During an emergency
situation, a vessel not meeting the operating requirements may obtain
permission from the Captain of the Port Philadelphia prior to entering
the safety zone during the effective periods. The Captain of the Port
will notify the maritime community, via marine broadcasts, of the
current ice conditions and the restrictions imposed under those
conditions.
This safety zone will protect mariners transiting the area from the
potential hazards associated with ice in the Chesapeake & Delaware
Canal during Ice Condition Two.
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 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 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 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
[[Page 5474]]
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 does not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does 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 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. 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.
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.T05-022 to read as follows:
Sec. 165.T05-022 Safety zone; Chesapeake & Delaware Canal.
(a) Location. The following area is a safety zone: All waters
located on the Chesapeake & Delaware Canal between Town Point Wharf and
Reedy Point.
(b) 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 vessels transiting the safety zone are required to be
equipped with a keel cooler or both upper and lower intakes.
(3) All vessels transiting the safety zone are required to be steel
hulled with a minimum of 3000 total shaft horsepower.
(4) 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.
(c) Definitions.
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.
Ice Condition Two means the alert condition in which ice begins to
form in the Upper Delaware River/Bay and the C&D Canal.
Keel Cooler means a circulation system that keeps hot water flowing
through the sea chest to prevent freezing during the presence of
hazardous ice conditions.
Shaft horsepower means a measure of actual mechanical energy per
unit time delivered to a turning shaft.
Steel Hull vessel means only vessels with steel hulls.
Upper and Lower Intake means the openings in a vessel that take in
raw water to cool or heat machinery within the vessel. In order to
insure vessel maintains propulsion, both upper and lower intakes are
required during hazardous ice conditions.
(d) Enforcement period. This section will be enforced while Ice
Condition Two exists during the effective period.
(e) Effective period. This section is effective from January 27,
2004 to March 15, 2004.
Dated: January 27, 2004.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 04-2508 Filed 2-4-04; 8:45 am]
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