[Federal Register Volume 64, Number 177 (Tuesday, September 14, 1999)]
[Rules and Regulations]
[Pages 49667-49669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23949]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD 05-99-080]
RIN 2115-AA98


Safety Zone and Anchorage Regulations; Delaware Bay and River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Army Corps of Engineers will begin dredging parts of the 
Delaware River, including the Marcus Hook Range Ship Channel. Because 
of the dredging operations, temporary additional requirements will be 
imposed in Marcus Hook Anchorage (Anchorage 7), the Deepwater Point 
Anchorage (Anchorage 6), and the Mantua Creek Anchorage (Anchorage 9). 
The Coast Guard is also establishing a temporary moving safety zone 
around the dredge vessel Ozark that will be working in the Marcus Hook 
Range Ship Channel adjacent to Anchorage 7.

DATES: Sections 110.157(b)(11) and 165.T05-080 are effective from 
August 28, 1999 until November 28, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the U.S. Coast Guard Captain of the Port, 1 
Washington Ave., Philadelphia, PA 19147-4395 between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(215) 271-4888.

FOR FURTHER INFORMATION CONTACT: BMCS R.L. Ward, Project Officer, U.S. 
Coast Guard Captain of the Port, Phone: (215) 271-4888.

SUPPLEMENTARY INFORMATION: 

[[Page 49668]]

Regulatory History

    A Notice of Proposed Rule Making (NPRM) was not published for this 
regulation. In keeping with 5 U.S.C. 553(b), the Coast Guard finds that 
good cause exists for not publishing an NPRM. In keeping with the 
requirements of 5 U.S.C. 553(d)(3), the Coast Guard also finds good 
cause exists for making this regulation effective less than 30 days 
after publication in the Federal Register. U.S. Army Corps of 
engineers, Philadelphia District, informed the Coast Guard on 16 July 
1999 that dredging operations would commence on 30 August 1999. 
Publishing a NPRM and delaying its effective date would be contrary to 
the public interest, since immediate action is needed to protect 
mariners against potential hazards associated with the dredging 
operations in the Marcus Hook Range Ship Channel and to modify the 
anchorage regulations to facilitate vessel traffic.

Background and Purpose

    The U.S. Army Corps of Engineers (ACOE) notified the Coast Guard 
that it needed to conduct dredging operations on the Delaware River, in 
the vicinity of the Marcus Hook Range Ship Channel. The dredging is 
needed to maintain the project depth of the channel. Similar dredging 
is conducted each year. This period of dredging begins 30 August 1999 
and is anticipated to end on 28 November 1999.
    To reduce the hazards associated with dredging the channel, vessel 
traffic that would normally transit through the Marcus Hook Range Ship 
Channel will be diverted through part of Anchorage 7 during the 
dredging operations. This necessitates additional requirements/
restrictions on the use of Anchorage 7. For the protection of mariners 
transiting in the vicinity of dredging operations, the Coast Guard is 
also establishing a safety zone around the dredging vessel OZARK. The 
safety zone will ensure mariners remain a safe distance from the 
potentially dangerous dredging equipment.

Discussion of the Regulation

    Section 110.157(b)(2) allows vessels to anchor for up to 48 hours 
in the anchorages 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 temporary paragraph 33 CFR 
110.157(b)(11) to provide additional requirements and restrictions on 
vessels utilizing Anchorage 7. During the effective period, vessels 
desiring to use Marcus Hook Anchorage (Anchorage 7) must obtain 
permission from the Captain of the Port Philadelphia at least 24 hours 
in advance. The Captain of the Port will permit only one vessel at a 
time to anchor in Anchorage 7 and will grant permission on a ``first 
come, first serve'' basis. A vessel will be directed to a location 
within Anchorage 7 where it may anchor, and will not be permitted to 
remain in the Anchorage 7 for more than 12 hours.
    The Coast Guard expects that vessels normally permitted to anchor 
in Anchorage 7 will use Anchorage 6 off Deepwater Point or Anchorage 9 
near the entrance to Manuta Creek, because they are the closest 
anchorages to Anchorage 7. To control access to Anchorage 7, the Coast 
Guard is requiring a vessel desiring to anchor in Anchorage 7 obtain 
advance permission from the Captain of the Port. To control access to 
Anchorages 6 and 9, the Coast Guard is requiring any vessel 700 feet or 
greater in length obtain advance permission from the Captain of the 
Port before anchoring. The Coast Guard is also concerned that the 
holding ground in Anchorages 6 and 9 is not as good as in Anchorage 7. 
Therefore, a vessel 700 to 750 feet in length is required to have one 
tug standing alongside while at anchor, and a vessel of over 750 feet 
in length must have two tugs standing alongside. The tug(s) must have 
sufficient horsepower to prevent the vessel they're attending from 
swinging into the channel.
    The Coast Guard is also establishing a safety zone within a 150-
yard radius of the dredging operations being conducted in the Marcus 
Hook Range Ship Channel in the vicinity of Anchorage 7 by the dredge 
vessel OZARK.
    The safety zone will protect mariners transiting the area from the 
potential hazards associated with dredging operations. Vessels 
transiting the Marcus Hook Range Ship Channel will have 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 may enter the safety zone unless it receives permission from the 
Captain of the Port.

Regulatory Evaluation

    This temporary final 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 exempted it from 
review 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.
    Although this regulation requires 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 anchorages, such as Anchorage A 
(Breakwater) and Anchorage 1 (Big Stone) in Delaware Bay, are also 
reasonably close and generally available. Vessels anchoring in 
Anchorage A and 1 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. Furthermore, few vessels 700 feet or 
greater are expected to enter the port during the effective period. The 
majority of vessels expected 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 et seq.), the 
Coast Guard considered whether this temporary final rule will have a 
significant economic impact on a substantial number of small entities. 
``Small Entities'' include 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 regulation's greatest impact is 
on vessels greater than 700 feet in length which choose to anchor in 
Anchorages 6 and 9 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. 601 et seq.) that this temporary 
final rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This temporary final rule does not provide for a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this temporary final rule under the 
principles and criteria contained in Executive Order 12612, and has 
determined that it does not have sufficient federalism implications to 
warrant the preparation of a federalism Assessment.

[[Page 49669]]

Environment

    The Coast Guard has analyzed this temporary final rule and 
concluded that, under figure 2-1, paragraph (34)(f) and (34)(g) of 
Commandant Instruction M16475.1C, this temporary final rule is 
categorically excluded from further environmental documentation. 
Regulations changing the size of anchorage grounds and regulations 
establishing safety zones are excluded under that authority.

List of Subjects

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR 110 and 33 CFR 165 as follows:

PART 110--[AMENDED]

    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 
is also issued under 33 U.S.C. 1223 and 1231.

    2. A new temporary section 110.156(b)(11) is added to read as 
follows:


Sec. 110.157  Delaware Bay and River

* * * * *
    (b) * * *
    (11) Additional requirements and restrictions for the anchorages 
defined in paragraphs (a)(7), (a)(8), and (a)(10).
    (i) Prior to 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 will allow 
only one vessel at a time to anchor in Anchorage 7, and no vessel may 
remain within Anchorage 7 for more than 12 hours.
    (ii) For Anchorage 6 as described in paragraph (a)(7) of this 
section, and Anchorage 9 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 a tug required by this section is of sufficient horsepower 
to assist with necessary maneuvers to keep the vessel clear of the 
navigation channel.
    (iii) Captain of the Port or COTP means the Captain of the Port, 
Philadelphia, Pennsylvania or any Coast Guard commissioned, warrant, or 
petty officer authorized to act on his behalf.
    (iv) This paragraph is effective from 28 August 1999 until 28 
November 1999.

PART 165--[AMENDED]

    3. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1225 and 1231; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    4. A new Sec. 165.T05-080 is added to read as follows:


Sec. 165.T05-080  Safety Zone; Delaware Bay and River

    (a) Location: The following area is a safety zone: All waters 
within the arc of a circle with a 150 yard radius having at its center 
dredging vessel OZARK operating in or near the Marcus Hook Range Ship 
channel in the vicinity of Anchorage 7.
    (b) Effective Dates: This section is effective from 28 August 1999 
until 28 November 1999.
    (c) Regulations: The following regulations shall apply within the 
safety zone.
    (1) In accordance with the general regulations in Sec. 165.23, 
entry into this safety zone is prohibited unless authorized by the 
Captain of the Port. The remaining general requirements of Sec. 165.23 
also apply to this regulation.
    (2) The operator of any vessel in the safety zone shall proceed as 
directed by the Captain of the Port.
    (3) The Coast Guard vessel enforcing the safety zone may be 
contacted on channels 13 and 16 VHF-FM. The Captain of the Port, 
Philadelphia may be contacted at telephone number (215) 271-4940.
    (d) Captain of the Port or COTP means The Captain of the Port, 
Philadelphia, Pennsylvania or any Coast Guard commissioned, warrant, or 
petty officer authorized to act on his behalf.

    Dated: August 27, 1999.
Roger T. Rufe,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 99-23949 Filed 9-13-99; 8:45 am]
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