[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Rules and Regulations]
[Pages 40885-40887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13963]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 110 and 165

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


Anchorage Grounds and Safety Zone; Delaware River

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard has established a permanent safety zone and 
modified certain anchorages in the area of the Marcus Hook Range when 
the U.S. Army Corps of Engineers (USACE) conducts its annual dredging 
operations. Annual dredging is necessary to maintain congressionally 
authorized channel depths. The safety zone and anchorage modifications 
are necessary to ensure safe vessel transits during the dredging 
operations. These regulations will alter the route of vessels 
transiting the channel and requirements for those vessels wishing to 
anchor during the dredging operations.

DATES: This rule is effective August 15, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-04-035 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 Jill Bessetti 
or Ensign Otis Barrett, Coast Guard Marine Safety Office/Group 
Philadelphia, at (215) 271-4889.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On December 15, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Anchorage Grounds and Safety Zone; Delaware River'' 
in the Federal Register (69 FR 240). We received one letter commenting 
on the proposed rule in reference to the recent oil spill. Dredging did 
not occur in 2004, and the comment was unrelated to the actions of this 
final rule. No public meeting was requested, and none was held.

Background and Purpose

    USACE conducts annual dredging operations on the Delaware River in 
the vicinity of the Marcus Hook Range to maintain the 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 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.
    This final rule also places a permanent safety zone in waters 
within a 150-yard radius around vessels engaged in dredging operations, 
and places additional requirements and restrictions at Anchorage 7 and 
Anchorage 6.
    In prior years, the Coast Guard had established a temporary safety 
zone within a 150-yard radius of the dredge performing dredging 
operations in Marcus Hook Range.
    This permanent safety zone will protect mariners transiting the 
area from the potential hazards associated with dredging operations. 
Vessels transiting the Marcus Hook Range will have 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 
will be allowed to enter the safety zone unless it receives permission 
from the Captain of the Port or his designated representative.
    Additionally, the Coast Guard has established vessel requirements 
on vessels in the affected anchorages. Pursuant to 33 CFR 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 has added a paragraph in 33 CFR 110.157(b)(11) to 
provide additional requirements and restrictions on vessels utilizing 
Anchorage 7 during the USACE dredging. During the effective period, 
vessels desiring to use Marcus Hook Anchorage (Anchorage 7) must obtain 
permission from the Captain of the Port, Philadelphia, 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. That vessel will be directed to a 
location within Anchorage 7 where it may anchor for a period not to 
exceed 12 hours.
    The Coast Guard expects that vessels normally permitted to anchor 
in Anchorage 7 will use Anchorage 6 off Deepwater Point or Anchorage 9 
near the entrance to Mantua Creek, because they are the next closest 
anchorage grounds. To control access to Anchorage 7, the Coast Guard 
requires 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 requires that 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 grounds in 
Anchorages 6 and 9 are not as good as 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 will 
require two tugs standing alongside. The tug(s) is/are required to have 
sufficient horsepower to prevent the vessel they are attending from 
swinging into the channel.

Regulatory Evaluation

    This 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 rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    Although this final rule 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 & Big Stone Beach) off the entrance to the Mispillion River 
and Anchorage 1 (Bombay Hook) off Bombay Hook Point in Delaware Bay, 
are reasonably close and generally available. Vessels anchoring in 
Breakwater and Big Stone 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

[[Page 40886]]

majority of vessels expected during the effective 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 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 Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic 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 offered to assist small 
entities in understanding the 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 Jill 
Bessetti or Ensign Otis Barrett, Coast Guard Marine Safety Office/Group 
Philadelphia, at (215) 271-4889.

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

Taking of Private Property

    This rule does 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 create 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. 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.
    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. 4321-4370f), 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, paragraph (34)(f) and (34)(g), of the Instruction. An 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are available in the docket where indicated under 
ADDRESSES.

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, and 
2071; Department of Homeland Security Delegation No. 0170.1 and 33 
CFR 1.05-1(g).


0
2. Add Sec.  110.157(b)(11) to read as follows:


Sec.  110.157  Delaware Bay and River.

* * * * *
    (b) * * *
    (11) Annually from September 1 until December 31, additional 
requirements and restrictions in this paragraph for the use of 
anchorages defined in paragraphs

[[Page 40887]]

(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, 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 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 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 
Commander of Sector Delaware Bay 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, channel 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. Add Sec.  165.555 to read as follows:


Sec.  165.555  Safety Zone; Delaware River.

    (a) Definition. As used in this section, Captain of the Port means 
the Commander of Sector Delaware Bay 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, channel 16.
    (b) Location. The following area is a safety zone: All waters 
located within a 150-yard radius around the dredging operation and 
barge, conducting dredging operations in or near the Marcus Hook Range 
in the vicinity of Anchorage 7.
    (c) Enforcement. This safety zone will be enforced annually 
beginning on 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, channel 16. The Captain of the Port may be contacted by 
telephone at (215) 271-4807 or via VHF marine band radio, channel 16.

    Dated: July 1, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-13963 Filed 7-14-05; 8:45 am]
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