[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Rules and Regulations]
[Pages 27015-27017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10577]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2015-0825]
RIN 1625-AA01


Anchorage Regulations; Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the geographic coordinates and 
modifying the regulated use of anchorage ``10'' in the Delaware River 
in the vicinity of the Navy Yard in Philadelphia, Pennsylvania. The 
change alters the size and use of the anchorage, reducing the anchorage 
in size and allowing the anchorage to be used as a general anchorage 
ground in the Delaware River.

DATES: This rule is effective June 6, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0825 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

[[Page 27016]]


FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Lieutenant Brennan Dougherty, U.S. Coast 
Guard Sector Delaware Bay, Chief Waterways Management Division; 
telephone (215) 271-4851, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    On December 12, 1967, the Coast Guard published a final rule (32 FR 
17726, 17749) establishing an anchorage ground on the Delaware River in 
Philadelphia, Pennsylvania in 33 CFR part 110. The anchorage ground 
established is contained in 33 CFR 110.157(a)(11). The anchorage 
currently remains unused by the Navy Yard. Removing the restrictions on 
anchorage ``10'' will alleviate congestion within the port, allowing 
the anchorage to be used as a general anchorage for commercial traffic.
    On January 5, 2016, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Anchorage Regulations, Delaware River; 
Philadelphia, PA (81 FR 194). It proposed to change the shape and the 
dimensions of anchorage ``10'', and to remove the ``restricted naval 
anchorage'' verbiage from Sec.  110.157(a)(11). We invited comments on 
this proposed change. During the comment period that ended February 4, 
2016, we received no public comments, but we did receive a comment from 
National Oceanic and Atmospheric Administration (NOAA) which we discuss 
below.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
471, 1221 through 1236, and 2071; and in 33 CFR 1.05-1.
    This rule changes the shape and the dimensions of anchorage ``10.'' 
The anchorage currently remains unused by the Navy Yard. Removing the 
restrictions on anchorage ``10'' will alleviate congestion within the 
port by allowing the anchorage to be used as a general anchorage ground 
for commercial traffic.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no public comments on our NPRM 
published January 5, 2016. Based on comments from NOAA, however, we 
make two changes in the regulatory text of this rule from our proposed.
    The first change identifies the horizontal reference datum for the 
latitudes and longitudes of the boundaries of the anchorage grounds as 
the World Geodetic System 1984 (WGS 84). The second change replaces the 
verbiage ``West Horseshoe Range'' with ``Eagle Point Range'' within the 
anchorage rule text. The original anchorage regulation, 33 CFR 
110.157(a)(11) Anchorage 10, uses ``West Horseshoe Range'' as a 
boundary reference, however, the National Oceanic and Atmospheric 
Administration (NOAA) Nautical Charts identifies the range as ``Eagle 
Point Range''. Therefore, we changed the boundary reference in our rule 
from ``West Horseshoe Range'' to ``Eagle Point Range.''
    The revised anchorage ground runs parallel to the north side of the 
channel along Eagle Point range, is narrower north to south, and is 
slightly longer east to west than the existing anchorage ground. 
Additionally, as proposed, we removed the ``restricted naval 
anchorage'' verbiage from the regulation. This permits commercial and 
other vessels to anchor within its bounds. The regulatory text appears 
at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, it has 
not been reviewed by the Office of Management and Budget.
    This rule is not a significant regulatory action because it will 
not interfere with existing maritime activity on the Delaware River. 
Moreover, it enhances navigational safety along the Delaware River by 
providing an additional anchorage for commercial and recreational 
vessels. The anchorage maintains the same parallel distance along the 
channel boundaries as the existing anchorage. The impacts to 
navigational safety are expected to be minimal because the anchorage 
area will not unnecessarily restrict traffic, as it is located outside 
of the established navigation channel. Vessels may navigate in, around, 
and through the anchorage.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit or 
use the anchorage may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    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. If the rule does affect your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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 
(1-888-734-3247). The Coast Guard will not retaliate against

[[Page 27017]]

small entities that question or complain about this rule or any policy 
or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive 
Order13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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 (adjusted for 
inflation) 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This rule involves the alteration of the size and use of 
anchorage ``10,'' restricted Naval Anchorage. It is categorically 
excluded from further review under paragraph 34(f) of Figure 2-1 of 
Commandant Instruction M16475.lD. An environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 110 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, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.


0
2. Revise Sec.  110.157(a)(11) to read as follows:


Sec.  110.157  Delaware Bay and River.

    (a) * * *
    (11) Anchorage 10 at Naval Base, Philadelphia. On the north side of 
the channel along Eagle Point Range, bounded as follows: Beginning off 
of the southeasterly corner of Pier 1 at 39[deg]53'07'' N., 
075[deg]10'30'' W., thence south to the to the north edge of the 
channel along Eagle Point Range to 39[deg]52'58'' N., 075[deg]10'29'' 
W., thence east along the edge of the channel to 39[deg]52'56'' N., 
075[deg]09'53'' W., thence north to 39[deg]53'07'' N., 075[deg]09'54'' 
W., thence continuing west to the beginning point at 39[deg]53'07'' N., 
075[deg]10'30'' W. These coordinates are based on WGS 84.
* * * * *

    Dated: April 22, 2016.
Robert J. Tarantino,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 2016-10577 Filed 5-4-16; 8:45 am]
 BILLING CODE 9110-04-P