[Federal Register: February 5, 2004 (Volume 69, Number 24)]
[Rules and Regulations]
[Page 5469-5471]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe04-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD05-04-021]
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 safety zone encompassing the
entire Delaware River between the Salem-Hope Generating Station and
Trenton Falls, Trenton, New Jersey including the Salem River,
Christiana River and Schuylkill River. This safety zone is necessary to
provide for the safety of life and property and to facilitate commerce.
This safety zone limits transits to steel hulled vessels due to the
hazards created by the ice.
DATES: This rule is effective from January 26, 2004 to March 15, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD05-04-021 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 an NPRM and for making this
regulation effective less than 30 days after publication in the Federal
Register. Publishing an NPRM and delaying its effective date would be
contrary to public interest, since immediate action is needed to
protect mariners against the hazards associated with ice conditions on
the Delaware River, Salem River, Christiana River and Schuylkill River.
Record cold temperatures causing ice to form at a greater than normal
rate made it impracticable and dangerous to mariners to delay
publishing this safety zone.
Background and Purpose
During a moderate or severe winter, frozen waterways present
numerous hazards to vessels. Ice in a waterway may hamper a vessel's
ability to maneuver, and could cause visual aids to navigation to be
submerged, destroyed or moved off station. Ice abrasions and ice
pressure could also compromise a vessel's watertight integrity, and
non-steel hulled vessels would be exposed to a greater risk of hull
breach.
When ice conditions develop to a point where vessel operations
become unsafe, it becomes necessary to impose operating restrictions to
ensure the safe navigation of vessels. Captains of the Port have the
authority (33 CFR 160, subpart B) to restrict and manage vessel
movement by implementing a safety zone. The Captain of the Port
Philadelphia is establishing a safety zone on the Delaware River, Salem
River, Christiana River and Schuylkill River that will restrict access
through the safety zone to only those vessels with steel hulls through
the safety zone during Ice Condition Two.
The purpose of this regulation is to promote maritime safety, and
to protect the environment and mariners transiting the area from the
potential hazards due to ice conditions that become a threat to
navigation. This rule establishes a safety zone encompassing the entire
Delaware River between the Salem-Hope Generating Station, Salem County,
New Jersey to the entrance of the Appoquinimink River, Kent County,
Delaware to Trenton Falls, Trenton, New Jersey including the Salem
River, Christiana River and Schuylkill River.
Discussion of Temporary Final Rule
This rule limits access to the safety zone to only those vessels
authorized to enter and operate safely within the zone. Vessels not
meeting the operating requirements established by this temporary rule
will not be allowed to enter the safety zone. During an emergency
situation, a vessel not meeting the operating requirements may obtain
permission from the Captain of the Port Philadelphia prior to entering
the safety zone during the effective periods. The Captain of the Port
will notify the maritime community, via marine broadcasts, of the
current ice conditions and the restrictions imposed under those
conditions.
Ice condition Three is the readiness condition in which weather
conditions are favorable for the formation of ice in the navigable
waters of the Delaware River/Bay C&D Canal. Daily reports for the Coast
Guard Stations and commercial vessels are monitored.
Ice Condition Two is the alert condition in which ice begins to
form in the upper Delaware River/Bay and C&D Canal. The Captain of the
Port Philadelphia may impose shaft horsepower and hull type
restrictions.
Ice Condition One is the emergency condition in which ice has
largely covered the upper Delaware River/Bay and C&D Canal. Convoys are
required and restrictions to shaft horsepower and vessel transit are
imposed.
The safety zone will protect mariners transiting the area from the
potential hazards associated with ice in the Delaware River, Salem
River, Christiana River and Schuylkill River during Ice Condition Two.
Regulatory Evaluation
This temporary rule is not a ``significant regulatory action''
under
[[Page 5470]]
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 rule will have virtually no impact on any 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 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 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 does not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does 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 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 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. 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.
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.T05-021 to read as follows:
Sec. 165.T05-021 Safety zone; Delaware River, Salem River, Christiana
River and Schuylkill River.
(a) Location. The following area is a safety zone: All waters
located on the entire Delaware River between the Salem-Hope Generating
Station, Salem County, New Jersey to the entrance of the Appoquinimink
River, Kent County, Delaware to Trenton Falls, Trenton, New Jersey
including the Salem River, Christiana River and Schuylkill River.
(b) Regulations. (1) All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23 of this
part except steel hulled vessels may transit the safety zone during Ice
Condition Two.
(2) All Coast Guard assets enforcing this safety zone can be
contacted on VHF marine band radio, channels 13
[[Page 5471]]
and 16. The Captain of the Port can be contacted at (215) 271-4807.
(c) Definitions.
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.
Ice Condition Two means the alert condition in which ice begins to
form in the Upper Delaware River/Bay and the C&D Canal. The Captain of
the Port Philadelphia may impose shaft horsepower, hull type
restrictions when it is observed that ice is beginning to form.
Steel Hull vessels means only vessels with steel hulls.
(d) Enforcement period. This section will be enforced while Ice
Condition Two exists during the effective period.
(e) Effective period. This section is effective from January 26,
2004 to March 15, 2004.
Dated: January 26, 2004.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 04-2512 Filed 2-4-04; 8:45 am]
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