[Federal Register Volume 69, Number 180 (Friday, September 17, 2004)]
[Rules and Regulations]
[Pages 55952-55954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20925]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 110 and 165

[CGD05-04-172]
RIN 1625-AA00
RIN 1625-AA01


Anchorage Grounds and Safety Zone; Delaware Bay and River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Delaware Bay and River around the Weeks Dredge and Barge 312 and is 
placing additional requirements on vessels in Anchorage 6 off Deepwater 
Point, Anchorage 7 off Marcus Hook, and Anchorage 9 near the entrance 
to Mantua Creek. The Army Corps of Engineers dredges parts of the 
Delaware River including the Marcus Hook Range Ship Channel to maintain 
congressionally authorized depths. These regulations will help ensure 
the safety of vessels transiting the channel as well as vessels engaged 
in dredging operations.

DATES: This rule is effective from September 15, 2004, to December 31, 
2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-04-172 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 
Lieutenant Junior Grade Toussaint Alston, Coast Guard Marine Safety 
Office 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 a NPRM and for making this 
regulation effective less than 30 days after publication in the Federal 
Register. Allowing for a comment period is impracticable and contrary 
to public interest, since immediate action is needed to protect 
mariners against potential hazards associated with dredging operations 
in the Marcus Hook Range Ship Channel and to modify the anchorage 
regulations to facilitate vessel traffic. However, 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 the Marcus Hook 
Range Ship Channel to maintain the 40-foot project depth.
    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. Therefore, additional 
requirements and restrictions on the use of Anchorage 7 are necessary. 
For the protection of mariners transiting in the vicinity of dredging 
operations, the Coast Guard is also establishing a safety zone around 
the dredging vessels, Weeks Dredge and Barge 312. The safety zone is 
intended to protect mariners from the potential hazards associated with 
dredging operations and equipment.

Discussion of Temporary Final Rule

    Currently paragraph (b)(2) of 33 CFR 110.157 allows vessels to 
anchor for up to 48 hours in the anchorage grounds listed in Section 
110.157(a), which includes Anchorage 7. However, because of the 
temporary re-routing of vessel traffic through Anchorage 7, the Coast 
Guard is adding a paragraph (b)(11) in 33 CFR 110.157 to provide 
additional requirements and restrictions on vessels using Anchorage 7. 
During the effective period, vessels desiring to use Anchorage 7 must 
obtain permission from the Captain of the Port Philadelphia. Vessels 
should seek this permission 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 served'' 
basis. A vessel will be directed to a location within Anchorage 7 where 
it may anchor and will not be permitted to remain in Anchorage 7 for 
more than 12 hours.
    Any vessel that is arriving from or departing for sea requiring an 
examination by the public health service, customs or immigration 
authorities will be directed to an anchorage for the required 
inspection by the Captain of the Port on a case by case basis.
    When Anchorage 7 is occupied, 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 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. The Captain of the 
Port may be contacted by telephone at (215) 271-4807 or via VHF marine 
band radio, channels 13 and 16. 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 solid as it is 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 over 750 feet in length must 
have two tugs standing alongside. The tug must be of sufficient size 
and horsepower to prevent an anchored vessel 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 Weeks 
Dredge Barge 312. The safety zone is intended to 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

[[Page 55953]]

and must operate at the minimum safe speed necessary to maintain 
steerage and reduce wake. No vessel may enter the safety zone unless 
permission is received from the Captain of the Port.

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).
    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.
    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 
(Breakwater) and Anchorage 1 (Big Stone) in Delaware Bay, are 
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 to anchor 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. 
This rule's greatest impact is on vessels greater than 700 feet in 
length, which choose to anchor in Anchorages 6 and 9. 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.
    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 Guards, call 1-888-REG-
FAIR (1-888-743-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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 would 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 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 will not create an 
environmental risk to health or risk to safety that might 
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 would 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.

[[Page 55954]]

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) 42 U.S.C. 4321-43701, and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore this rule is categorically excluded under figure 2-1, 
paragraph (34)(f) and (g) of the Instruction 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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR parts 110 and 165 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, 2071; 
Department of Homeland Security Delegation No. 0170.1 and 33 CFR 
1.05-1(g).


0
2. From September 15, 2004, until December 31, 2004, amend Sec.  
110.157 by adding paragraph (b)(11), to read as follows:


Sec.  110.157  Delaware Bay and River.

* * * * *
    (b) * * *
    (11) From September 15, 2004, until December 31, 2004, additional 
requirements and restrictions in this paragraph for the use of 
anchorages defined in paragraphs (a)(7), (a)(8), and (a)(10) of this 
section apply.
    (i) Before 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. Vessels should 
seek this permission at least 24 hours in advance of arrival. 
Permission to anchor will be granted on a ``first-come, first-served'' 
basis. The Captain of the Port, Philadelphia 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. Any vessel that is arriving 
from or departing for sea that requires an examination by the public 
health service, customs or immigration authorities will be directed to 
an anchorage for the required inspection by the Captain of the Port on 
a case-by-case basis.
    (ii) For Anchorage 6 off Deepwater Point, 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 
must obtain permission from the Captain of the Port, Philadelphia, 
Pennsylvania. Vessels should seek this permission at least 24 hours in 
advance.
    (B) Any vessel from 700 to 750 feet in length must have one tug 
alongside at all times while the vessel is at anchor.
    (C) Any vessel greater than 750 feet in length must have two tugs 
alongside at all times while the vessel is at anchor.
    (D) The Master, owner or operator of a vessel at anchor must 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) As used in this section, Captain of the Port means the 
Captain of the Port, Philadelphia, Pennsylvania or any Coast Guard 
commissioned, warrant, or petty officer authorized to act on his 
behalf. The Captain of the Port may be contacted by telephone at (215) 
271-4807 or via VHF marine band radio, channels 13 and 16.
* * * * *

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
3. 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
4. From September 15, 2004, until December 31, 2004, add temporary 
Sec.  165.T05-172 to read as follows:


Sec.  165.T05-172  Safety Zone; Delaware River.

    (a) Definition. As used in 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 may be contacted by telephone at (215) 
271-4807 or via VHF marine band radio, channels 13 and 16.
    (b) Location. The following area is a safety zone: All waters 
located within a 150-yard radius arc centered on the dredging operation 
and barge, conducting dredging operations in or near the Marcus Hook 
Range Ship Channel in the vicinity of Anchorage 7.
    (c) Effective period. This section is effective from September 15, 
2004, until December 31, 2004.
    (d) Regulations.
    (1) All persons are required to comply with the general regulations 
governing safety zones in 33 CFR 165.23 of this part.
    (2) All Coast Guard vessels enforcing this safety zone or watch 
officers aboard the Dredge and Barge can be contacted on VHF marine 
band radio, channels 13 and 16. The Captain of the Port can be 
contacted at (215) 271-4807.

    Dated: September 2, 2004.
Ben Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 04-20925 Filed 9-16-04; 8:45 am]
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