[Federal Register Volume 69, Number 24 (Thursday, February 5, 2004)]
[Rules and Regulations]
[Pages 5469-5471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2512]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-04-021]
RIN 1625-AA00


Safety Zone; Delaware River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone encompassing the 
entire Delaware River between the Salem-Hope Generating Station and 
Trenton Falls, Trenton, New Jersey including the Salem River, 
Christiana River and Schuylkill River. This safety zone is necessary to 
provide for the safety of life and property and to facilitate commerce. 
This safety zone limits transits to steel hulled vessels due to the 
hazards created by the ice.

DATES: This rule is effective from January 26, 2004 to March 15, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-04-021 and are available 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 Junior Grade Kevin Sligh or 
Ensign Jill Munsch, Coast Guard Marine Safety Office/Group 
Philadelphia, at (215) 271-4889.

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 an NPRM and for making this 
regulation effective less than 30 days after publication in the Federal 
Register. Publishing an NPRM and delaying its effective date would be 
contrary to public interest, since immediate action is needed to 
protect mariners against the hazards associated with ice conditions on 
the Delaware River, Salem River, Christiana River and Schuylkill River. 
Record cold temperatures causing ice to form at a greater than normal 
rate made it impracticable and dangerous to mariners to delay 
publishing this safety zone.

Background and Purpose

    During a moderate or severe winter, frozen waterways present 
numerous hazards to vessels. Ice in a waterway may hamper a vessel's 
ability to maneuver, and could cause visual aids to navigation to be 
submerged, destroyed or moved off station. Ice abrasions and ice 
pressure could also compromise a vessel's watertight integrity, and 
non-steel hulled vessels would be exposed to a greater risk of hull 
breach.
    When ice conditions develop to a point where vessel operations 
become unsafe, it becomes necessary to impose operating restrictions to 
ensure the safe navigation of vessels. Captains of the Port have the 
authority (33 CFR 160, subpart B) to restrict and manage vessel 
movement by implementing a safety zone. The Captain of the Port 
Philadelphia is establishing a safety zone on the Delaware River, Salem 
River, Christiana River and Schuylkill River that will restrict access 
through the safety zone to only those vessels with steel hulls through 
the safety zone during Ice Condition Two.
    The purpose of this regulation is to promote maritime safety, and 
to protect the environment and mariners transiting the area from the 
potential hazards due to ice conditions that become a threat to 
navigation. This rule establishes a safety zone encompassing the entire 
Delaware River between the Salem-Hope Generating Station, Salem County, 
New Jersey to the entrance of the Appoquinimink River, Kent County, 
Delaware to Trenton Falls, Trenton, New Jersey including the Salem 
River, Christiana River and Schuylkill River.

Discussion of Temporary Final Rule

    This rule limits access to the safety zone to only those vessels 
authorized to enter and operate safely within the zone. Vessels not 
meeting the operating requirements established by this temporary rule 
will not be allowed to enter the safety zone. During an emergency 
situation, a vessel not meeting the operating requirements may obtain 
permission from the Captain of the Port Philadelphia prior to entering 
the safety zone during the effective periods. The Captain of the Port 
will notify the maritime community, via marine broadcasts, of the 
current ice conditions and the restrictions imposed under those 
conditions.
    Ice condition Three is the readiness condition in which weather 
conditions are favorable for the formation of ice in the navigable 
waters of the Delaware River/Bay C&D Canal. Daily reports for the Coast 
Guard Stations and commercial vessels are monitored.
    Ice Condition Two is the alert condition in which ice begins to 
form in the upper Delaware River/Bay and C&D Canal. The Captain of the 
Port Philadelphia may impose shaft horsepower and hull type 
restrictions.
    Ice Condition One is the emergency condition in which ice has 
largely covered the upper Delaware River/Bay and C&D Canal. Convoys are 
required and restrictions to shaft horsepower and vessel transit are 
imposed.
    The safety zone will protect mariners transiting the area from the 
potential hazards associated with ice in the Delaware River, Salem 
River, Christiana River and Schuylkill River during Ice Condition Two.

Regulatory Evaluation

    This temporary rule is not a ``significant regulatory action'' 
under

[[Page 5470]]

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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.

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.
    This rule 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 605(b)) that this will not have a 
significant impact on a substantial number of 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 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 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 does not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule does 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. We invite your 
comments on how this rule might impact tribal governments, even if that 
impact may not constitute a ``tribal implication'' under the Order.

Energy Effects

    We have analyzed this rule under Executive Order 12211, 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)(g), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1


0
2. Add temporary Sec. 165.T05-021 to read as follows:


Sec. 165.T05-021  Safety zone; Delaware River, Salem River, Christiana 
River and Schuylkill River.

    (a) Location. The following area is a safety zone: All waters 
located on the entire Delaware River between the Salem-Hope Generating 
Station, Salem County, New Jersey to the entrance of the Appoquinimink 
River, Kent County, Delaware to Trenton Falls, Trenton, New Jersey 
including the Salem River, Christiana River and Schuylkill River.
    (b) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part except steel hulled vessels may transit the safety zone during Ice 
Condition Two.
    (2) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13

[[Page 5471]]

and 16. The Captain of the Port can be contacted at (215) 271-4807.
    (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.
    Ice Condition Two means the alert condition in which ice begins to 
form in the Upper Delaware River/Bay and the C&D Canal. The Captain of 
the Port Philadelphia may impose shaft horsepower, hull type 
restrictions when it is observed that ice is beginning to form.
    Steel Hull vessels means only vessels with steel hulls.
    (d) Enforcement period. This section will be enforced while Ice 
Condition Two exists during the effective period.
    (e) Effective period. This section is effective from January 26, 
2004 to March 15, 2004.

    Dated: January 26, 2004.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 04-2512 Filed 2-4-04; 8:45 am]
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