[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Rules and Regulations]
[Pages 65038-65041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26820]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD05-02-087]
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 Anchorage 7 off Marcus Hook. Because of the 
dredging operations, temporary additional requirements will be imposed 
in Anchorage 6 off Deepwater Point and Anchorage 9 near the entrance to 
Mantua Creek. 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 October 12, 2002, to November 2, 
2002.

ADDRESSES: Documents indicated in this preamble as available are 
available as part of docket CGD05-02-087 for inspection or copying at 
Coast Guard Marine Safety Office Philadelphia, One Washington Avenue, 
Philadelphia, Pennsylvania, 19147, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Brian Ly, Lieutenant Junior 
Grade Xaimara Vicencio-Roldan, or Lieutenant Junior Grade Kevin Sligh, 
Coast Guard Marine Safety Office/Group Philadelphia, at (215) 271-4889.

SUPPLEMENTARY INFORMATION:

[[Page 65039]]

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) the Coast Guard finds that good 
cause exists for not publishing a NPRM. Under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making this regulation 
effective less than 30 days after publication in the Federal Register. 
The U.S. Army Corps of Engineers, Philadelphia District, informed the 
Coast Guard on October 4, 2002, that dredging operations would commence 
on October 12, 2002. 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 Anchorage 7 off Marcus Hook 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 Anchorage 7 off Marcus Hook. The dredging is needed to 
maintain the project depth of the anchorage. During the dredging 
operations from October 12, 2002 through October 22, 2002, Marcus Hook 
Anchorage will be closed from Buoy ``A'' (LLNR 3165) to Buoy ``B'' 
(LLNR 3180). Then from October 22, 2002 through November 2, 2002, the 
Marcus Hook Anchorage will be closed from Buoy ``B'' (LLNR 3180) to 
Buoy ``C'' (LLNR 3205).
    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 PULLEN. The safety zone will ensure mariners 
remain a safe distance from the potentially dangerous dredging 
equipment.

Discussion of Rule

    In 33 CFR 110.157(b)(2), vessels are allowed 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 anchorage 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 two vessels at a time to anchor in 
Anchorage 7 and will grant permission on the ``first come, first 
serve'' basis. Vessels will be directed to a location within Anchorage 
7 where it may anchor, and will not be permitted to remain in the 
Anchorage 7 from more than 12 hours.
    The Coast Guard expects that vessels normally permitted to anchor 
in Anchorage 7 will use Anchorage 6 off Deepwater (Anchorage 6) or 
Anchorage 9 near the 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 Anchorage 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 grounds in Anchorage 6 and 9 
are not as adequate 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 Anchorage by the dredge vessel PULLEN. The safety zone will 
protect mariners transiting the area from the potential hazards 
associated with dredging operations. No vessel may enter the safety 
zone unless it receives permission from the Captain of the Port.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 not 
reviewed it 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 rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    Although this rule 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 Anchorage 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 the 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 rule's greatest impact is on vessels 700 feet and 
greater in length which choose to anchor in Anchorage 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 (Pub. L. 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

[[Page 65040]]

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 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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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 Security Risks. This 
rule is not an economically significant rule and does not create an 
environmental risk to health or risk to security 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 have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(f) and (g), of 
Commandant Instruction M16475.lD, 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) of this 
section.
    (i) Prior to anchoring in Anchorage 7 off Marcus Hook, as described 
in paragraph (a)(8) of this section, vessels 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 two vessels 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) of this 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. The Captain of the Port can 
be reached at (215) 271-4940.
    (iv) Effective dates. Paragraph (b)(11) of this section is 
effective from October 12, 2002 until November 2, 2002.
* * * * *

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.T05-087 to read as follows:


Sec.  165.T05-087  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 PULLEN operating in the vicinity of Anchorage 7, Marcus Hook 
Anchorage.
    (b) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec.  165.23 of this 
part.

[[Page 65041]]

    (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 (215) 271-4940.
    (3) 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) 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 October 12, 
2002 to November 2, 2002.

    Dated: October 11, 2002.
A.E. Brooks,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 02-26820 Filed 10-22-02; 8:45 am]
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