[Federal Register Volume 68, Number 245 (Monday, December 22, 2003)]
[Rules and Regulations]
[Pages 70995-70996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31391]



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 Rules and Regulations
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  Federal Register / Vol. 68, No. 245 / Monday, December 22, 2003 / 
Rules and Regulations  

[[Page 70995]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[CGD05-03-195]
RIN 1625-AA01


Anchorage Grounds; Delaware Bay and River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is temporarily changing the regulations that 
govern Anchorage 5, southeast of Pea Patch Island, due to U.S. Army 
Corp of Engineers dredging operations in the anchorage. This regulation 
will help ensure the safety of vessels anchoring in Anchorage 5 while 
dredging operations are ongoing. Mariners must receive approval from 
the Captain of the Port Philadelphia before using the anchorage and

DATES: This rule is effective from December 9, 2003, until December 31, 
2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-03-195 and are available for 
inspection or copying at Coast Guard Fifth District, 431 Crawford 
Street, Portsmouth, Virginia, 23704, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Roger Smith, 
Coast Guard Fifth District Marine Safety Division, at (757) 398-6389.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B) and (d)(3), the Coast Guard finds 
that good cause exists for not publishing a NPRM and for making this 
regulation effective less than 30 days after publication in the Federal 
Register. On November 28, 2003, a contractor for the Army Corps of 
Engineers began conducting dredging operations, which are potentially 
hazardous to mariners in New Castle Range Ship Channel and in Anchorage 
5 southeast of Pea Patch Island. Publishing an NPRM, allowing for a 
comment period, and/or waiting 30 days after publication before making 
this regulation effective is impracticable and contrary to public 
interest. Immediate action is needed to protect mariners against the 
potential hazards associated with the dredging operation. Advance 
notification will be made to affected mariners via marine information 
broadcasts.

Background and Purpose

    The U.S. Army Corps of Engineers (USACE) conducts dredging 
operations on the Delaware River in the vicinity of New Castle Range 
Ship Channel to maintain the 46-foot project depth.
    To reduce the hazards associated with dredging the channel, 
mariners must receive approval from the Captain of the Port 
Philadelphia before using Anchorage 5 while the operations are ongoing.

Discussion of Temporary Final Rule

    Currently in paragraph (b)(2) of 33 CFR 110.157, vessels are 
allowed to anchor for up to 48 hours in the anchorage grounds listed in 
Sec.  110.157(a), which includes Anchorage 5. However, because of 
underwater dredge piping in Anchorage 5 southeast of Pea Patch Island, 
the Coast Guard is temporarily adding paragraph (b)(12) in 33 CFR 
110.157 to protect mariners from encountering hazards within Anchorage 
5. All vessels desiring to use Anchorage 5 must obtain permission from 
the Captain of the Port 24 hours prior to anchoring. The Coast Guard 
expects that vessels normally permitted to anchor in Anchorage 5 will 
make arrangements to anchor elsewhere during the dredge operations, as 
there are 15 other anchorages in the local area.

Regulatory Evaluation

    This temporary 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 not reviewed it 
under that Order. It is not ``significant'' under the regulatory 
policies and procedures of the Department of Homeland Security (DHS) 
because we expect the economic impact of this rule to be so minimal. 
There are fifteen other anchorages in the local area for use by 
mariners. Also, New Castle Range is not near any critical 
infrastructure or marine terminals and Anchorage 5 is rarely used by 
the public or by the river pilots.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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.
    Therefore, the Coast Guard certifies under section 605(b) of the 
regulatory Flexibility Act (5 U.S.C 605(b)) that this rule will not 
have a significant impact on a substantial number of small entities.
    This rule may affect the following entities, some of which may be 
small entities: the pilots association, the supply boat providers, and 
the tugboat operators. However, there are fifteen other anchorages in 
the local area for use by these small businesses. This temporary 
regulation will not have a significant impact on a substantial number 
of entities for the following reasons: Anchorage 5 is rarely used, as 
other anchorages are more convenient to these businesses. In addition, 
the New Castle Range is not near any critical infrastructure or marine 
terminals.

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 this rule so that they can 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

[[Page 70996]]

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 (1-888-743-3247).

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 this rule 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 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 have considered the environmental impact of temporarily 
restricting the usage of Anchorage 5 and concluded under figure 2-1, 
paragraph (34)(f), of Commandant Instruction M16475.lD, that this rule 
is categorically excluded from further environmental documentation.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
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; 33 CFR 1.05-1(g). Department of Homeland Security Delegation 
No. 0170.1.


0
2. From December 9, 2003, until December 31, 2003, add temporary Sec.  
110.157(b)(12) to read:


Sec.  110.157  Delaware Bay and River.

* * * * *
    (b) * * *
    (12) All vessels desiring to use Anchorage 5 southeast of Pea Patch 
Island must obtain permission from the Captain of the Port 24 hours 
prior to anchoring. The 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 may be contacted by telephone at (215) 271-4807 or via 
channels 13 and 16 on VHF marine band radio.
* * * * *

    Dated: December 9, 2003.
Sally Brice-O'Hara,
Rear Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-31391 Filed 12-19-03; 8:45 am]
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