[Federal Register Volume 69, Number 193 (Wednesday, October 6, 2004)]
[Rules and Regulations]
[Pages 59799-59801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22504]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-04-191]
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 temporary safety zone from 
the north end of Pier 80 to the south end of Pier 84. The safety zone 
extends 50 yards eastward from the pier faces to the channel in the 
Delaware River, Philadelphia, PA. This safety zone is necessary to 
provide for the safety of life, property and to facilitate commerce. 
The temporary safety zone prohibits persons or vessels from entering 
within 50 yards from the north end of Pier 80 to the south end of Pier 
84 on the Delaware River, unless authorized by the Captain of the Port 
Philadelphia, PA or designated representative.

[[Page 59800]]


DATES: This rule is effective from September 30, 2004 to February 1, 
2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-04-191 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 a NPRM and for making this 
regulation effective less than 30 days after publication in the Federal 
Register. Publishing a NPRM and delaying its effective date would be 
contrary to public interest, since immediate action is needed to 
protect mariners against potential hazards associated with debris on 
the Delaware River.

Background and Purpose

    On August 20, 2004 at 12:15 p.m. approximately 200 linear feet of 
Pier 80's eastern seawall collapsed into the Delaware River depositing 
debris into the western edge of the navigable channel. On August 25, 
2004 at 5 p.m. approximately 90 linear feet of Pier 84's north apron 
was deposited into the Delaware River. A temporary safety zone was 
established on August 26, 2004 and will expire on October 1, 2004 
(docket CGD05-04-170). The repairs to the piers are still ongoing, 
making it necessary to continue the Safety Zone until February 1, 2005.
    The purpose of this regulation is to promote maritime safety, and 
to protect the environment and mariners transiting the area from 
submerged objects and debris. Mariners should be aware that barges will 
be on site for the duration of the debris removal. This rule 
establishes a safety zone, from the north end of Pier 80 to the south 
end of Pier 84 extending 50 yards out into the channel of the Delaware 
River in Philadelphia, PA. Mariners traveling in the vicinity of the 
safety zone should maintain a minimum safe speed, in accordance with 
the Navigation Rules as seen in 33 CFR Chapter I, Subchapters D and E. 
The safety zone will protect mariners transiting the area from the 
potential hazards associated with debris in the Delaware River. The 
Captain of the Port will notify the maritime community, via marine 
broadcasts, while the safety zone is enacted.

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.

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 will have virtually no impact on any small entities. This rule 
does not require a general notice of proposed rulemaking and, 
therefore, it is exempt from the requirement of the Regulatory 
Flexibility Act. Although this rule is exempt, we have reviewed it for 
potential economic impact on 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 would call 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 would not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would 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

[[Page 59801]]

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. 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.

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

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.T05-191 to read as follows:


Sec.  165.T05-191  Safety zone; Delaware River

    (a) Location. The following area is a temporary safety zone: All 
waters and adjacent shoreline of the Delaware River encompassed from 
the north end of Pier 80 to south end of Pier 84 extending out 50 yards 
into the channel.
    (b) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13 and 16. The Captain of 
the Port can be contacted at (215) 271-4807.
    (2) All persons desiring to transit through the safety zone must 
contact the Captain of the Port at telephone number (215) 271-4807 or 
on VHF channel 13 or 16 to seek permission prior to transiting the 
area. If permission is granted, all persons and vessels shall comply 
with the instructions of the Captain of the Port Philadelphia, PA or 
designated representative.
    (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).
    (4) Mariners transiting in the vicinity of the safety zone should 
maintain the minimum safe speed necessary to maintain navigation.
    (c) Definition. 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.
    (d) Effective period. This section is effective from September 30, 
2004 to February 1, 2005.

    Dated: September 30, 2004.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 04-22504 Filed 10-5-04; 8:45 am]
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