[Federal Register Volume 65, Number 202 (Wednesday, October 18, 2000)]
[Rules and Regulations]
[Pages 62286-62288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26768]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD05-00-048]
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 Essex that will be working in the Marcus Hook 
Range Ship Channel adjacent to Anchorage 7.

DATES: This rule is effective from October 3, 2000 until November 30, 
2000.

ADDRESSES: Documents indicated in this preamble as being available are 
part of docket CGD05-00-048 and are available for inspection or copying 
at Coast Guard Marine Safety Office/Group Philadelphia, One Washington 
Avenue, Philadelphia, Pennsylvania 19147 between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Wade Kirschner 
or Senior Chief Robert Ward, Coast Guard Marine Safety Office/Group 
Philadelphia, (215) 271-4889 or (215) 271-4888.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    A Notice of Proposed Rule Making (NPRM) was not published for this 
regulation. In keeping with 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing an NPRM. In keeping with the 
requirements of 5 U.S.C. 533(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 September 
13, 2000 that dredging operations would commence on October 1, 2000. 
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 October 1, 2000 
and is anticipated to end on November 30, 2000.
    To reduce the hazards associated with dredging the channel, vessel 
traffic that would normally transit through the Marcus Hook Range Ship 
Channel may

[[Page 62287]]

divert through a portion of anchorage 7 to maintain a 150 foot radius 
around 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 Essex. The 
safety zone will ensure mariners remain a safe distance from the 
potentially dangerous dredging equipment.

Discussion of the Regulation

    33 CFR 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 during dredging operations, the Coast Guard is adding a temporary 
paragraph in 33 CFR 110.157(b)(11) to provide additional requirements 
and restrictions on vessels utilizing Anchorage 6, 7 and 9.
    Vessels desiring to use the Marcus Hook Anchorage (Anchorage 7) 
must seek permission from the Captain of the Port at least 24 hours in 
advance. Only one vessel will be allowed to anchor in Anchorage 7 at 
one time, and the Captain of the Port will grant permission on a 
``first come, first serve basis.'' A vessel desiring to use anchorage 7 
will be directed to a location within the anchorage, and no vessel may 
remain in the anchorage beyond twelve 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 Mantua Creek, because they are the closest 
anchorages to Anchorage 7. To control access to Anchorages 6 and 9, the 
Coast Guard is requiring any vessel 700 feet or greater in length to 
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. As larger vessels 
do not typically use these anchorages, any vessel 700 to 750 feet in 
length is required to have one tug standing alongside while at anchor, 
and any 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 Essex. 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. 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 and 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 rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule will not impose an unfunded mandate.

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.

Environment

    We considered the environmental impact of this rule and concluded 
that, under figure 2-1, paragraphs (34)(f) and (g), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation.

[[Page 62288]]

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 discussed in the preamble, the Coast Guard amends 
33 CFR part 110 and 33 CFR part 165 as follows:

PART 110--[AMENDED]

    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; 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 Sec. 110.157(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) of this section.
    (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 be at 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 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) Effective Dates. This paragraph (b)(11) is effective from 
October 3, 2000 until November 30, 2000.

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 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. Section 165.100 is also 
issued under authority of Sec. 311, Pub. L. 105-383.


    4. Add temporary Sec. 165.T05-048 to read as follows:


Sec. 165.T05-048  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 Essex operating in or near the Marcus Hook Range Ship 
Channel in the vicinity of Anchorage 7.
    (b) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec. 165.23 of this part.
    (2) No person or vessel may enter or navigate within this safety 
zone unless authorized to do so by the Captain of the Port. Any person 
or vessel authorized to enter the safety zone must operate in strict 
conformance with any directions given by the Captain of the Port and 
leave the safety zone immediately if the Captain of the Port so orders.
    (3) Vessels may navigate in and through Anchorage 7 (Marcus Hook 
Anchorage) to the minimum extent necessary to stay clear of the safety 
zone. Vessels navigating in Anchorage 7 for this purpose shall do so at 
minimum speed to maintain steerage, unless otherwise directed by the 
Captain of the Port.
    (4) The Coast Guard vessels enforcing this section can be contacted 
on VHF Marine Band Radio, channels 13 and 16. The Captain of the Port 
can be contacted at telephone number (215) 271-4940.
    (5) 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).
    (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 dates: This section is effective from October 3, 2000 
to November 30, 2000.

    Dated: October 3, 2000.
T.C. Parr,
Captain, U.S. Coast Guard, Commander, Fifth U.S. Coast Guard District, 
Acting.
[FR Doc. 00-26768 Filed 10-17-00; 8:45 am]
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