[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Rules and Regulations]
[Pages 85157-85160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28405]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2016-0110]
RIN 1625-AA01


Anchorage Grounds; Delaware Bay and River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the anchorage regulations for the 
Delaware Bay and River. The Coast Guard conducted a review of the 
Delaware Bay and River anchorage grounds to support increased traffic 
and vessel size. The changes to this regulation will eliminate unusable 
anchorage grounds and provide additional usable grounds to support 
current and future port demands and enhance the overall navigation 
safety of this critical component of the maritime transportation 
system.

DATES: This rule is effective December 27, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0110 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Tiffany Johnson, U.S. Coast Guard, 
Fifth Coast Guard District, Waterways Management Branch, telephone 
(757) 398-6516, email [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 85158]]

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 July 15, 2016, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Anchorage Grounds; Delaware Bay and River, 
Philadelphia, PA (81 FR 46026). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to these 
anchorage regulations for Delaware Bay and River. During the comment 
period that ended August 15, 2016, we received two comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The purpose of this rule is to eliminate unusable anchorage 
grounds and maximize usable anchorage grounds within the anchorage 
boundaries while continuing to safely support current and future port 
demands.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published July 
15, 2016. One comment was in favor of the proposed changes. The second 
comment requested that the Coast Guard define the boundaries of the 
anchorages using coordinates instead of bearings and distances. As a 
result, the regulatory text of this rule has been changed to use 
coordinates to define the anchorages covered by this rule, with the 
exception of the western boundary of Anchorage 12 between Gloucester 
and Camden, 33 CFR 110.157(a)(13), for which it is impracticable to 
define using coordinates.
    This rule makes changes to seven of the Delaware Bay and River 
anchorages in order to eliminate unusable anchorage grounds and 
maximize usable anchorage grounds within the anchorage boundaries while 
continuing to safely support current and future port demands.
    The Delaware Bay and River anchorage grounds are largely used by 
commercial vessel traffic. General regulations covering the anchorage 
of vessels in the port are set out in 33 CFR 110.157. In 1992, the 
Delaware River Main Channel Deepening project was authorized for 
construction by Public Law 102-580, Section 101 (6) of the Water 
Resources Development Act (WRDA) 1992; modified by Public Law 106-53, 
Section 308 of WRDA 1999 and further modified by Public Law 106-541, 
Section 306 of WRDA 2000. This project includes deepening the existing 
Delaware River Federal Navigation Channel from 40 to 45 feet from 
Philadelphia, Pennsylvania, and Camden, New Jersey to the mouth of the 
Delaware Bay. The Army Corps of Engineers (USACE) along with the non-
Federal sponsor, the Philadelphia Regional Port Authority (PRPA), 
commenced dredging for this project in 2010. This project, once 
completed, will allow for deeper draft vessels within the port and 
increase overall traffic, and anchorage usage. Due to this anticipated 
increase in marine traffic a review of the current Delaware Bay and 
River anchorage grounds was conducted by the Waterways Management 
Division Sector Delaware Bay, Philadelphia, PA. Upon review, it was 
determined that multiple anchorage grounds in 33 CFR 110.157 were 
unusable for some larger vessels due to lack of depth needed to safely 
anchor. Other anchorage grounds were deemed unusable because they 
spanned underneath bridges where it would be impractical for vessels to 
anchor, and posed an increased and unnecessary safety risk of bridge 
allision.

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, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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. 
Rather, it will enhance navigational safety along the Delaware River by 
providing safer locations for vessels to anchor, improving navigation 
safety near bridges and reducing the potential for disruption to 
maritime traffic by anchored vessels potentially within the federal 
channel. Vessels may navigate in, around, and through the modified 
anchorages.

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.
    The rule may affect owners and operators of vessels wishing to 
anchor in the Delaware Bay and River anchorages. Boundaries of some of 
the current anchorages have been modified, reduced, or increased 
depending on the water depth and relation of the anchorage to bridges 
along the Delaware Bay and River. The impact of the rule will be 
minimal because the changes increase usable anchorage grounds and 
enable vessels to safely anchor in the anchorage boundaries.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule will 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 small 
entities that question or complain

[[Page 85159]]

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 Order 
13132.
    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 determined 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 establishing, disestablishing, and modifying anchorage 
grounds. It is categorically excluded from further review under 
paragraph 34(f) of Figure 2-1 of the Commandant Instruction. 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. Amend Sec.  110.157 by revising paragraphs (a)(2), (4), (7), (9), 
and (12) through (14) to read as follows:


Sec.  110.157   Delaware Bay and River.

    (a) * * *
    (2) Anchorage 1 off Bombay Hook Point. On the southwest side of the 
channel along Liston Range, in the waters bounded by a line connecting 
the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]17'14.0'' N                    075[deg]22'21.0'' W
39[deg]16'55.2'' N                    075[deg]22'50.5'' W
39[deg]20'34.1'' N                    075[deg]26'56.8'' W
39[deg]20'53.5'' N                    075[deg]26'28.0'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
* * * * *
    (4) Anchorage 3 southeast of Reedy Point. Southeast of the entrance 
to the Chesapeake and Delaware Canal at Reedy Point, in the waters 
bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]33'09.0'' N                    075[deg]32'38.0'' W
39[deg]32'34.6'' N                    075[deg]32'38.2'' W
39[deg]31'29.0'' N                    075[deg]33'01.0'' W
39[deg]31'31.8'' N                    075[deg]33'16.2'' W
39[deg]32'14.6'' N                    075[deg]33'08.3'' W
39[deg]33'09.0'' N                    075[deg]33'10.0'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
* * * * *
    (7) Anchorage 6 off Deepwater Point. East of the entrance to 
Christina River, in the waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]43'00.0'' N                    075[deg]30'20.0'' W
39[deg]42'51.5 '' N                   075[deg]29'44.9'' W
39[deg]42'05.4'' N                    075[deg]30'25.2'' W
39[deg]41'47.3'' N                    075[deg]30'37.5'' W
39[deg]41'34.7'' N                    075[deg]30'39.9'' W
39[deg]41'36.6'' N                    075[deg]30'51.1'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
* * * * *
    (9) Anchorage 8 off Thompson Point. On the south side of the 
channel along Tinicum Range, between Thompson Point and the east side 
of Crab Point, in the waters bounded by a line connecting the following 
points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]50'52.0'' N                    075[deg]18'23.0'' W
39[deg]50'51.1'' N                    075[deg]17'41.0'' W
39[deg]50'44.5'' N                    075[deg]17'41.6'' W
39[deg]50'46.0'' N                    075[deg]18'23.0'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
* * * * *
    (12) Anchorage 11 at Gloucester. (i) East of the channel south of 
the Walt Whitman Bridge at Gloucester, in the waters bounded by a line 
connecting the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]54'10.0'' N                    075[deg]07'45.0'' W
39[deg]54'09.4'' N                    075[deg]07'43.0'' W
39[deg]54'03.0'' N                    075[deg]07'41.0'' W
39[deg]53'30.5'' N                    075[deg]07'57.7'' W
39[deg]53'09.6'' N                    075[deg]08'17.0'' W
39[deg]53'36.6'' N                    075[deg]08'00.6'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
    (ii) The area between Pier 124 S and 122 S, along the west side of 
the Delaware River, is restricted to facilitate vessel movements. The 
areas adjacent to working piers are restricted to facilitate the 
movement of vessels to and from these piers. Should the anchorage 
become so congested that vessels are compelled to anchor in these 
restricted areas, they must move immediately when another berth is 
available.
    (13) Anchorage 12 between Gloucester and Camden. (i) East of the 
channel beginning north of the Walt Whitman Bridge at Gloucester and 
ending south of the Benjamin Franklin Bridge at Camden, bounded as 
follows: Beginning at a point at latitude 39[deg]54'26.0'' N, longitude 
75[deg]07'41'' W, bounded on the west by a line perpendicular to the 
channel, 210 yards from the east edge of the channel, 5,536 yards north 
to a point at latitude 39[deg]57'05.0'' N, longitude 75[deg]08'04.2'' 
W, and then bounded by a line connecting the following points, 
connecting to the point of beginning:

[[Page 85160]]



------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]57'04.3'' N                    075[deg]07'57.3'' W
39[deg]56'51.7'' N                    075[deg]08'01.3'' W
39[deg]56'35.5'' N                    075[deg]08'03.1'' W
39[deg]56'02.8'' N                    075[deg]08'02.0'' W
39[deg]55'34.7'' N                    075[deg]07'54.5'' W
39[deg]54'45.7'' N                    075[deg]07'32.5'' W
39[deg]54'33.8'' N                    075[deg]07'32.9'' W
39[deg]54'25.2'' N                    075[deg]07'36.1'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
    (ii) The area between No. 2 Broadway pier and No. 1 Broadway pier 
is restricted to facilitate vessel movements. The areas adjacent to 
working piers are restricted to facilitate the movement of vessels to 
and from these piers. Should the anchorage become so congested that 
vessels are compelled to anchor in these restricted areas, they must 
move immediately when another berth is available.
    (14) Anchorage 13 at Camden. East of the channel, north of the 
Benjamin Franklin Bridge to Cooper Point, Camden, NJ, in the waters 
bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]57'17.0'' N                    075[deg]07'58.0'' W
39[deg]57'22.3'' N                    075[deg]07'55.9'' W
39[deg]57'32.0'' N                    075[deg]07'49.4'' W
39[deg]57'39.2'' N                    075[deg]07'39.7'' W
39[deg]57'34.9'' N                    075[deg]07'34.7'' W
39[deg]57'21.2'' N                    075[deg]07'49.8'' W
39[deg]57'15.1'' N                    075[deg]07'52.7'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
* * * * *

    Dated: November 7, 2016.
Meredith L. Austin,
Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2016-28405 Filed 11-23-16; 8:45 am]
 BILLING CODE 9110-04-P