[Federal Register: December 15, 2004 (Volume 69, Number 240)]
[Proposed Rules]
[Page 75009-75011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de04-27]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 110 and 165
[CGD05-04-035]
RIN 1625-AA00, 1625-AA01
Anchorage Grounds and Safety Zone; Delaware River
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a permanent safety zone
and to modify Anchorage 6 off Deepwater Point, Anchorage 7, off Marcus
Hook, and Anchorage 9, near the entrance to Mantua Creek on the
Delaware River in the area of the Marcus Hook Range Channel. The U.S.
Army Corps of Engineers (USACE) conducts annual dredging operations
between September 1 and December 31, which is necessary to maintain
congressionally authorized project depths. The safety zone and
anchorage modifications are necessary to ensure safe vessel transits
during the dredging operations. These regulations will temporarily
alter the route of vessels transiting the channel and requirements for
those vessels wishing to anchor during the dredging operations.
DATES: Comments and related material must reach the Coast Guard on or
before January 14, 2005.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office Philadelphia, One Washington Avenue, Philadelphia,
Pennsylvania, 19147. The Marine Safety Office Philadelphia Waterways
Management Branch maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at Coast Guard Marine Safety Office Philadelphia 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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-04-
035), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting but you may submit a
request for a meeting by writing to the Marine Safety Office
Philadelphia, Waterways Management Branch to the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
USACE conducts annual dredging operations on the Delaware River in
the vicinity of the Marcus Hook Range Channel to maintain the
authorized forty-foot Federal navigation project depth. The dredging
occurs between September 1 and December 31 of each year.
To reduce the hazards associated with dredging the channel, vessel
traffic that would normally transit through the Marcus Hook Range
Channel will be diverted through part of 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 also proposes to establish a
safety zone in all waters within a 150-yard radius around the dredging
vessels. The safety zone is intended to protect mariners from the
potential hazards associated with dredging operations and equipment,
and to protect vessels engaged in dredging operations.
Discussion of Proposed Rule
The Coast Guard proposes to place a permanent safety zone in waters
within a 150-yard radius around vessels engaged in dredging operations
in the Marcus Hook Range Channel and to place additional requirements
and restrictions at Anchorage 6 and Anchorage 7.
The safety zone will protect mariners transiting the area from the
potential hazards associated with dredging operations. Vessels
transiting the Marcus Hook Range Channel will need to divert from the
main ship channel through Anchorage 7 and must operate at the minimum
safe speed necessary to maintain steerage and reduce wake. No vessel
would be allowed to enter the safety zone unless it received permission
from the Captain of the Port or his designated representative.
The Coast Guard is proposing the placement of additional
requirements on vessels in the affected anchorages. Pursuant to 33 CFR
Section 110.157(b)(2) vessels are allowed to anchor for up to 48 hours
in the anchorage grounds listed in Sec. 110.157(a), which includes
Anchorage 7. However, because of the limited anchorage space available
in Anchorage 7, the Coast Guard is adding a paragraph in 33 CFR
110.157(b) to provide additional requirements and restrictions on
vessels utilizing Anchorage 7 during the USACE dredging of Marcus Hook
Reach Channel. During the enforcement period, vessels desiring to use
Anchorage 7 must obtain permission from the Captain of the Port
Philadelphia at least 24 hours in advance. The Captain of the Port
would permit only one vessel at a time to anchor in Anchorage 7 and
would grant permission on a ``first come, first serve'' basis. A vessel
would be directed to a location within Anchorage 7 where it may anchor,
and would not be permitted to remain in Anchorage 7 for more than 12
hours.
The Coast Guard expects that vessels normally permitted to anchor
in Anchorage 7 would use Anchorage 6 or Anchorage 9, because they are
the next closest anchorage grounds. To control access to Anchorage 7,
the Coast Guard proposes to require a vessel desiring to anchor in
Anchorage 7 to obtain advance permission from the Captain of the Port.
To control access to Anchorages 6 and 9, the Coast Guard would require
any vessel 700 feet or greater in length to obtain advance permission
from the Captain of the Port before anchoring. Anchorages 6 and 9 are
not as large as Anchorage 7; therefore the need exists to have one or
two tugs on scene while a vessel is anchored in those anchorages. The
purpose of this is to prohibit vessels from swinging into the channel
or going
[[Page 75010]]
aground. A vessel 700 to 750 feet in length would be required to have
one tug standing alongside while at anchor and a vessel over 750 feet
in length would require two tugs standing alongside. The tug(s) would
be required to have sufficient horsepower to prevent the vessel they
are attending from swinging into the channel.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
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 proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. Although this proposed regulation
would require 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 off the entrance to Mispillion
River (Breakwater & Big Stone Beach) and Anchorage 1 off Bombay Hook
Point (Bombay Hook) in Delaware Bay, are reasonably close and generally
available. Vessels anchoring in Breakwater and Big Stone Beach 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. The majority of vessels expected during the enforcement
period 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 proposed 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.
The greatest impact of this proposed rule would be on vessels
larger than 700 feet in length that choose to anchor in Anchorages 6
and 9. This proposed rule would have no impact on any small entities.
Therefore, 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.
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.
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 proposed rule so that they could better
evaluate its effects on them and participate in the rulemaking process.
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 Lieutenant Junior
Grade Kevin Sligh or Ensign Jill Munsch, Coast Guard Marine Safety
Office/Group Philadelphia, at (215) 271-4889.
Collection of Information
This proposed 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 proposed 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 proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Security
Risks. This rule is not an economically significant rule and does not
create an environmental risk to health or risk to security that might
disproportionately affect children.
Indian Tribal Governments
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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed 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
[[Page 75011]]
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 proposed 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. 4321-4370f), 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, paragraphs 34(f) and (34)(g), of the Instruction, from
further environmental documentation.
A draft ``Environmental Analysis Check List'' and a ``Categorical
Exclusion Determination'' are available in the docket where indicated
under ADDRESSES. Comments on this section will be considered before we
make the final decision on whether to categorically exclude this rule
from further environmental review.
List of Subjects
33 CFR Part 110
Anchorage grounds.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 110 and 165 as follows:
PART 110--ANCHORAGE REGULATIONS
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.
2. Amend Sec. 110.157 by adding paragraph (b)(11) to read as
follows:
Sec. 110.157 Delaware Bay and River.
* * * * *
(b) * * *
(11) From September 1 through December 31 each year, the following
requirements and restrictions 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, at least 24
hours in advance of arrival. Permission to anchor will be granted on a
``first-come, first-serve'' 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 arriving from or departing to 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 near entrance to Mantua Creek,
as described in paragraph (a)(10) of this section.
(A) Any vessel 700 feet or greater in length requesting anchorage
shall obtain permission from the Captain of the Port, Philadelphia,
Pennsylvania, at least 24 hours in advance.
(B) Any vessel from 700 to 750 feet in length shall have one tug
alongside at all times while the vessel is at anchor.
(C) Any vessel greater than 750 feet in length shall have two tugs
alongside at all times while the vessel is at anchor.
(D) The Master, owner or operator of a vessel at anchor shall
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
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.
4. Add Sec. 165.509 to read as follows:
Sec. 165.509 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 Channel in the vicinity of Anchorage 7 off Marcus
Hook.
(c) Enforcement. This safety zone will be enforced annually from
September 1 through December 31.
(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: August 19, 2004.
Ben Thomason III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 04-27473 Filed 12-14-04; 8:45 am]
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