[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27669]
[[Page Unknown]]
[Federal Register: November 8, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 110
[CGD05-94-088]
RIN 2115-AA98
Anchorage Regulations; Anchorage Grounds: Anchorage 7 off Marcus
Hook; Delaware River, Southeast Side of the Channel Along Marcus Hook
Range
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend the boundaries of
Anchorage 7 off Marcus Hook on the southeast side of the channel along
the Marcus Hook Range of the Delaware River. There currently exists a
discrepancy between the charted anchorage, the Army Corps of Engineers
maintained anchorage, and the anchorage coordinates published in 33 CFR
110.157(a)(8). This proposal will correct all discrepancies.
DATES: Comments must be received on or before January 9, 1995.
ADDRESSES: Comments should be mailed to Commander (oan), Fifth Coast
Guard District, 431 Crawford Street, Portsmouth, VA 23704-5004. The
comments and other materials referenced in this notice will be
available for inspection and copying at 431 Crawford Street,
Portsmouth, VA, Room 116. Normal office hours are between 8 a.m. and 4
p.m., Monday through Friday, except holidays. Comments may also be hand
delivered to this address.
FOR FURTHER INFORMATION CONTACT:
LCDR Tom Flynn, Assistant Chief, Planning and Waterways Management
Section, Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
VA 23704-5004, (804) 398-6285.
SUPPLEMENTARY INFORMATION:
Request for Comments
Interested persons are invited to participate in this rulemaking by
submitting written views, data or arguments. Persons submitting
comments should include their names and addresses, identify this notice
(CGD05-94-088) and the specific section of the proposal to which their
comments apply. Reasons should be given for each comment. The
regulations may be changed because of comments received. All comments
received before the expiration of the comment period will be considered
before final action is taken. No public hearing is planned, but one may
be held if written requests for a hearing are received and it is
determined that the opportunity to make oral presentations will aid the
rulemaking process. The receipt of comments will be acknowledged if a
stamped self-addressed postcard or envelope is enclosed.
Drafting Information
The drafters of this notice are LCDR Tom Flynn, project officer,
Aids to Navigation and Waterways Management Branch, Fifth Coast Guard
District and LT Andy Norris, project attorney, Fifth Coast Guard
District Legal Staff.
Discussion of Proposed Regulations
Section 7 of the Act of March 4, 1915, as amended (33 U.S.C. 471),
authorizes the establishment of anchorage grounds for vessels in the
navigable waters of the United States whenever it is apparent that such
grounds are required by the maritime or commercial interests of the
United States for safe navigation. A Coast Guard initiated Waterways
Analysis and Management System Study (WAMS) of the Delaware River,
conducted in 1989, determined that a discrepancy exists between the
charted anchorage, the Army Corps of Engineers maintained anchorage,
and the anchorage coordinates published in 33 CFR 110.157(a)(8). WAMS
was developed to serve as the basis for a systematic analysis and
management of the aids to navigation in our nation's waterways. WAMS is
intended to identify the navigational needs of the users of a
particular waterway, the present adequacy of the aids system in terms
of those needs, and what is required in those cases where the users'
needs are not being met. The WAMS process also looks into the
resources--physical, financial, and personnel--needed to carry out the
Aids to Navigation program responsibilities. The analyses of each
waterway and the attendant resources are then integrated to provide
documentation for both day to day management and future planning within
the Aids to Navigation program. Anchorage 7, off Marcus Hook, as
defined in 33 CFR 110.157(a)(8), does not correctly delineate the
anchorage as currently maintained by the Army Corps of Engineers nor as
charted by the National Ocean Service. The preferential area in this
anchorage designated for the use of vessels awaiting quarantine
inspection is vaguely defined and may not provide adequate room for
modern, large vessels. This proposal will correct those discrepancies.
This regulation is issued pursuant to 33 U.S.C. 471 as set out in the
authority citation for all of Part 110.
Regulatory Evaluation
This proposal 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. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. The basis for this finding is that Anchorage 7 is already
being utilized within the boundaries set forth in this proposal.
Small Entities
Under 5 U.S.C. 601 et seq., known as the Regulatory Flexibility
Act, the Coast Guard must consider whether this proposal will have a
significant economic impact on a substantial number of small entities.
``Small Entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under section 3 of the Small
Business Act (15 U.S.C. 632). Since the impact of this proposal is
expected to be minimal, the Coast Guard will certify under 5 U.S.C.
605(b), that this proposal, if adopted, will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection of Information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it is anticipated that
this proposed rulemaking will not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
This proposed rulemaking has been thoroughly reviewed by the Coast
Guard and determined to be categorically excluded from further
environmental documentation in accordance with section 2.B.2.c of
Commandant Instruction M16475.1B. It has been determined that a
Categorical Exclusion Determination statement is not required (see 59
FR 38654, July 29, 1994).
List of Subjects in 33 CFR Part 110
Anchorage grounds.
Proposed Regulations
In consideration of the foregoing, Part 110 of Title 33, Code of
Federal Regulations is proposed to be amended as follows:
PART 110--[REVISED]
1. The authority citation for Part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a
are also issued under 33 U.S.C. 1223 and 1231.
2. Section 110.157 is amended by revising paragraph (a)(8) to read
as follows:
Sec. 110.157 Delaware Bay and River.
* * * * *
(a) * * *
(8) Anchorage 7 off Marcus Hook. (i) On the southeast side of the
channel along Marcus Hook Range, bounded by a line connecting the
following points:
Latitude Longitude
39 deg.49'17.254'' N 75 deg.22'50.0994'' W
39 deg.48'39.984'' N 75 deg.23'17.238'' W
39 deg.47'45.309'' N 75 deg.25'01.278'' W
39 deg.47'43.111'' N 75 deg.26'00.186'' W
(DATUM: NAD 83)
(ii) A vessel that is arriving from or departing for sea and that
requires an examination by public health, customs, or immigration
authorities shall anchor in the preferential area of this anchorage
designated for the use of vessels awaiting quarantine inspection, this
area being the waters bounded by the arc of a circle with a radius of
366 yards and with the center located at:
Latitude Longitude
39 deg.48'46.334'' N 75 deg.23'26.881'' W
(DATUM: NAD 83)
(iii) Should the remainder of the anchorage be in use, the
preferential area, when available, may be used by vessels not subject
to quarantine inspection.
* * * * *
Dated: October 24, 1994.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District
[FR Doc. 94-27669 Filed 11-7-94; 8:45 am]
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