[Federal Register Volume 66, Number 192 (Wednesday, October 3, 2001)]
[Rules and Regulations]
[Pages 50315-50318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24738]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD05-01-060]
RIN 2115-AA97 and 2115-AA98


Anchorage Grounds and Safety Zone; 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 Anchorage 7 off Marcus Hook, Anchorage 6 off Deepwater 
Point, and Anchorage 9 near entrance to Mantua Creek. 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 off Marcus Hook. Vessels desiring to use these 
anchorage grounds will need to observe these temporary requirements and 
no vessels will be permitted in the safety zone without the permission 
of the Captain of the Port.

DATES: This rule is effective from September 24, 2001 until November 
19, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docketCGD05-01-060 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. 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. Publishing a NPRM

[[Page 50316]]

and delaying its effective date would be contrary to the public 
interest, since 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. In addition, notifications will be made via 
Notice to Mariners.

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. Dredging begins 
September 18, 2001 and is anticipated to end on November 19, 2001.
    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 off Marcus Hook 
(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 ESSEX. 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 anchorage grounds listed in Sec. 110.157(a), which includes 
Anchorage 7. However, because of the limited space available in 
Anchorage 7, 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 7. During the effective period, vessels 
desiring to use 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 (Anchorage 6) 
or Anchorage 9 near entrance to Mantua Creek (Anchorage 9), because 
they are the closest anchorage grounds 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 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. 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 are 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 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 anchorage grounds 
such as Anchorage A off the entrance to the Mispillion River 
(``Anchorage A,'' described in Sec. 110.157(a)(1)) or Anchorage 1 off 
Bombay Hook Point (``Anchorage 1,'' described in Sec. 110.157(a)(2)) in 
Delaware Bay, are also reasonably close and generally available. 
Vessels anchoring in Anchorages 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. 601-612), we have 
considered whether this rule would 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This regulation's greatest impact is on vessels 700 feet and 
greater in length which choose to anchor in Anchorages 6 and 9 and will 
have virtually no impact on any small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding the rule so that they could 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 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork

[[Page 50317]]

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 it does not have implications for 
federalism.

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 will not result in such an 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 13211, 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 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.

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.

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

PART 110--ANCHORAGE REGULATIONS

    1. The authority citation for part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).

    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 anchorage 
grounds 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 off Deepwater Point as described in paragraph 
(a)(7) of this section, and Anchorage 9 near entrance to Mantua Creek 
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) For the purposes of paragraph (b)(11), 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. The Captain of the Port can be reached at telephone number 
(215) 271-4940.
    (iv) Effective dates. Paragraph (b) (11) is effective from 
September 24, 2001 until November 19, 2001.
* * * * *

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    3. 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.


    4. Add temporary Sec. 165.T05-060 to read as follows:


Sec. 165.T05-060  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 of the dredging 
vessel ESSEX operating in or near the Marcus Hook Range Ship Channel in 
the vicinity of Anchorage 7 off Marcus Hook.
    (b) Regulations.
    (1) All persons are required to comply with the general regulations 
governing safety zones in Sec. 165.23 of this part.
    (2) 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.
    (3) The Captain of the Port will notify the public of any changes 
in the status

[[Page 50318]]

of this safety zone by Marine Safety Radio Broadcast on VHF-FM marine 
band radio, channel 22 (157.1 MHZ).
    (c) Definition. For the purposes of this temporary section, 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 September 24, 
2001 until November 19, 2001.

    Dated: September 24, 2001.
T.W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-24738 Filed 10-2-01; 8:45 am]
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