[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Proposed Rules]
[Pages 75009-75011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27473]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 110 and 165

[CGD05-04-035]
RIN 1625-AA00, 1625-AA01


Anchorage Grounds and Safety Zone; Delaware River

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
and to modify Anchorage 6 off Deepwater Point, Anchorage 7, off Marcus 
Hook, and Anchorage 9, near the entrance to Mantua Creek on the 
Delaware River in the area of the Marcus Hook Range Channel. The U.S. 
Army Corps of Engineers (USACE) conducts annual dredging operations 
between September 1 and December 31, which is necessary to maintain 
congressionally authorized project depths. The safety zone and 
anchorage modifications are necessary to ensure safe vessel transits 
during the dredging operations. These regulations will temporarily 
alter the route of vessels transiting the channel and requirements for 
those vessels wishing to anchor during the dredging operations.

DATES: Comments and related material must reach the Coast Guard on or 
before January 14, 2005.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Office Philadelphia, One Washington Avenue, Philadelphia, 
Pennsylvania, 19147. The Marine Safety Office Philadelphia Waterways 
Management Branch maintains the public docket for this rulemaking. 
Comments and material received from the public, as well as documents 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at Coast Guard Marine Safety Office Philadelphia 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:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-04-
035), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting but you may submit a 
request for a meeting by writing to the Marine Safety Office 
Philadelphia, Waterways Management Branch to the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    USACE conducts annual dredging operations on the Delaware River in 
the vicinity of the Marcus Hook Range Channel to maintain the 
authorized forty-foot Federal navigation project depth. The dredging 
occurs between September 1 and December 31 of each year.
    To reduce the hazards associated with dredging the channel, vessel 
traffic that would normally transit through the Marcus Hook Range 
Channel will be diverted through part of 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 also proposes to establish a 
safety zone in all waters within a 150-yard radius around the dredging 
vessels. The safety zone is intended to protect mariners from the 
potential hazards associated with dredging operations and equipment, 
and to protect vessels engaged in dredging operations.

Discussion of Proposed Rule

    The Coast Guard proposes to place a permanent safety zone in waters 
within a 150-yard radius around vessels engaged in dredging operations 
in the Marcus Hook Range Channel and to place additional requirements 
and restrictions at Anchorage 6 and Anchorage 7.
    The safety zone will protect mariners transiting the area from the 
potential hazards associated with dredging operations. Vessels 
transiting the Marcus Hook Range Channel will need to divert from the 
main ship channel through Anchorage 7 and must operate at the minimum 
safe speed necessary to maintain steerage and reduce wake. No vessel 
would be allowed to enter the safety zone unless it received permission 
from the Captain of the Port or his designated representative.
    The Coast Guard is proposing the placement of additional 
requirements on vessels in the affected anchorages. Pursuant to 33 CFR 
Section 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 paragraph in 33 CFR 
110.157(b) to provide additional requirements and restrictions on 
vessels utilizing Anchorage 7 during the USACE dredging of Marcus Hook 
Reach Channel. During the enforcement 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 
would permit only one vessel at a time to anchor in Anchorage 7 and 
would grant permission on a ``first come, first serve'' basis. A vessel 
would be directed to a location within Anchorage 7 where it may anchor, 
and would not be permitted to remain in Anchorage 7 for more than 12 
hours.
    The Coast Guard expects that vessels normally permitted to anchor 
in Anchorage 7 would use Anchorage 6 or Anchorage 9, because they are 
the next closest anchorage grounds. To control access to Anchorage 7, 
the Coast Guard proposes to require a vessel desiring to anchor in 
Anchorage 7 to obtain advance permission from the Captain of the Port. 
To control access to Anchorages 6 and 9, the Coast Guard would require 
any vessel 700 feet or greater in length to obtain advance permission 
from the Captain of the Port before anchoring. Anchorages 6 and 9 are 
not as large as Anchorage 7; therefore the need exists to have one or 
two tugs on scene while a vessel is anchored in those anchorages. The 
purpose of this is to prohibit vessels from swinging into the channel 
or going

[[Page 75010]]

aground. A vessel 700 to 750 feet in length would be required to have 
one tug standing alongside while at anchor and a vessel over 750 feet 
in length would require two tugs standing alongside. The tug(s) would 
be required to have sufficient horsepower to prevent the vessel they 
are attending from swinging into the channel.

Regulatory Evaluation

    This proposed 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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. Although this proposed regulation 
would require 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 off the entrance to Mispillion 
River (Breakwater & Big Stone Beach) and Anchorage 1 off Bombay Hook 
Point (Bombay Hook) in Delaware Bay, are reasonably close and generally 
available. Vessels anchoring in Breakwater and Big Stone Beach 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. The majority of vessels expected during the enforcement 
period 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 proposed 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 greatest impact of this proposed rule would be on vessels 
larger than 700 feet in length that choose to anchor in Anchorages 6 
and 9. This proposed rule would have no impact on any small entities. 
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed rule so that they could better 
evaluate its effects on them and participate in the rulemaking process. 
If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Lieutenant Junior 
Grade Kevin Sligh or Ensign Jill Munsch, Coast Guard Marine Safety 
Office/Group Philadelphia, at (215) 271-4889.

Collection of Information

    This proposed 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 proposed 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 proposed rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed 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 might 
disproportionately affect children.

Indian Tribal Governments

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

Energy Effects

    We have analyzed this proposed 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

[[Page 75011]]

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 proposed 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. 4321-4370f), 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, paragraphs 34(f) and (34)(g), of the Instruction, from 
further environmental documentation.
    A draft ``Environmental Analysis Check List'' and a ``Categorical 
Exclusion Determination'' are available in the docket where indicated 
under ADDRESSES. Comments on this section will be considered before we 
make the final decision on whether to categorically exclude this rule 
from further environmental review.

List of Subjects

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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, and 
2071; 33 CFR 1.05-1(g). Department of Homeland Security Delegation 
No. 0170.1.

    2. Amend Sec.  110.157 by adding paragraph (b)(11) to read as 
follows:


Sec.  110.157  Delaware Bay and River.

* * * * *
    (b) * * *
    (11) From September 1 through December 31 each year, the following 
requirements and restrictions 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, 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, 
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 arriving from or departing to 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 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 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

    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.

    4. Add Sec.  165.509 to read as follows:


Sec.  165.509  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 Channel in the vicinity of Anchorage 7 off Marcus 
Hook.
    (c) Enforcement. This safety zone will be enforced annually from 
September 1 through December 31.
    (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: August 19, 2004.
Ben Thomason III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 04-27473 Filed 12-14-04; 8:45 am]
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