[Federal Register: December 27, 2004 (Volume 69, Number 247)]
[Rules and Regulations]
[Page 77140-77141]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de04-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-04-224]
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 in the
Delaware River encompassing all waters from the Tacony-Palmyra Bridge
to the Bellevue/Marcus Hook ship ranges at Buoy 2M, shoreline to
shoreline. The temporary safety zone prohibits persons or vessels from
entering the zone, unless authorized by the Captain of the Port
Philadelphia, PA or designated representative. This safety zone is
necessary to provide for the safety of life, property and to facilitate
oil spill environmental response activities.
DATES: This rule is effective from December 15, 2004 until January 15,
2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-04-224 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 oil spill
recovery operations and to ensure the safety of the environment on the
Delaware River and its tributaries.
Background and Purpose
On November 27, 2004 at 9:30 p.m. the T/V ATHOS I reported a major
discharge of oil on the waters of the Delaware River. Oil spill
response operations are being conducted in the safety zone. A number of
oil spill response vessels and clean up personnel will be in the safety
zone during the duration of the response operations. This rule
establishes a safety zone, on the Delaware River covering all the
waters of the area bound from the Tacony-Palmyra Bridge to the
Bellevue/Marcus Hook ship ranges, at Buoy 2M. Mariners will only be
allowed to transit the safety zone with the permission of the COTP or
his designated representative. The safety zone will protect mariners
and oil spill responders from the hazards associated with spill
recovery and clean up operations. The Captain of the Port will notify
the maritime community, via marine broadcasts, of the ability of
vessels to transit through the safety zone. Mariners allowed to travel
through the safety zone with the permission of the COTP must maintain a
minimum safe speed, in accordance with the Navigation Rules as seen in
33 CFR Chapter I, Subchapters D and E.
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 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 will 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 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.
[[Page 77141]]
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 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 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 M16475.1D, 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 NAVIATION 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.T05-224 to read as follows:
Sec. 165.T05-224 Safety zone; Delaware River
(a) Location. The following area is a temporary safety zone: All
waters of the Delaware River from the Tacony-Palmyra Bridge to the
Bellevue/Marcus Hook ship ranges at Buoy 2M, shoreline to shoreline.
(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 vessel traffic is prohibited in the safety zone.
(2) 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.
(3) 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.
(4) 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).
(5) Mariners granted permission to transit the safety zone must
maintain the minimum safe speed necessary to maintain navigation as per
33 CFR Chapter I, Subchapters D and E.
(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.
(d) Effective period. This section is effective from December 15,
2004 until January 15, 2005.
Dated: December 14, 2004.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 04-28226 Filed 12-23-04; 8:45 am]
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