[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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