[Federal Register Volume 60, Number 36 (Thursday, February 23, 1995)]
[Rules and Regulations]
[Pages 10019-10020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4410]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 110
[CGD05-94-088]
RIN 2115-AA98
Anchorage Regulations Anchorage 7 off Marcus Hook; Delaware
River, Southeast Side of the Channel Along Marcus Hook Range
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: This rule amends the boundaries of Anchorage 7 off Marcus Hook
on the southeast side of the channel along the Marcus Hook Range of the
Delaware River. It corrects the published coordinates to reflect those
coordinates of the Army Corps of Engineers maintained anchorage, and
clearly designates an area large enough to accommodate modern, large
vessels requiring examination by public health, customs or immigration
authorities.
EFFECTIVE DATE: March 27, 1995.
FOR FURTHER INFORMATION CONTACT:
LCDR Tom Flynn, Assistant Chief, Planning and Waterways Management
Section, Fifth Coast Guard District, 431 Crawford Street, Portsmouth,
VA 23704-5004, (804) 398-6285.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this notice are LCDR Tom Flynn, project officer,
Aids to Navigation and Waterways Management Branch, Fifth Coast Guard
District and LT Andy Norris, project attorney, Fifth Coast Guard
District Legal Staff.
Regulatory History
On November 8, 1994, the Coast Guard published a notice of proposed
rulemaking entitled Anchorage Regulations; Anchorage Grounds: Anchorage
7 off Marcus Hook; Delaware River, Southeast Side of the Channel Along
Marcus Hook Range in the Federal Register (59 FR 55598). The comment
period expired on January 9, 1995. The Coast Guard received no letters
commenting on the proposal. A public hearing was not requested and one
was not held.
Background and Purpose
Section 7 of the Act of March 4, 1915, as amended (33 U.S.C. 471),
authorizes the establishment of anchorage grounds for vessels in the
navigable waters of the United States whenever it is apparent that such
grounds are required by the maritime or commercial interests of the
United States for safe navigation. A Coast Guard initiated Waterways
Analysis and Management System Study (WAMS) of the Delaware River,
conducted in 1989, determined that a discrepancy existed between the
charted anchorage, the Army Corps of Engineers maintained anchorage,
and the anchorage coordinates published in 33 CFR 110.157(a)(8). WAMS
was developed to serve as the basis for a systematic analysis and
management of the aids to navigation in our nation's waterways. WAMS is
intended to identify the navigational needs of the users of a
particular waterway, the present adequacy of the aids system in terms
of those needs, and what is required in those cases where the users'
needs are not being met. The WAMS process also looks into the
resources--physical, financial, and personnel--needed to carry out the
Aids to Navigation program responsibilities. The analyses of each
waterway and the attendant resources are then integrated to provide
documentation for both day to day management and future planning within
the Aids to Navigation program. Anchorage 7, off Marcus Hook, as
defined in 33 CFR 110.157(a)(8), does not correctly delineate the
anchorage as currently maintained by the Army Corps of Engineers nor as
charted by the National Ocean Service. The preferential area in this
anchorage designated for the use of vessels awaiting quarantine
inspection is vaguely defined and may not provide adequate room for
modern, large vessels. This rule will correct those discrepancies.
Discussion of Comments and Changes
No comments were received concerning the notice of proposed
rulemaking. There are no substantive differences between the proposed
rule and this final rule.
Regulatory Evaluation
This final rule is not a significant regulatory action under
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. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the
economic impact of this [[Page 10020]] final rule to be so minimal that
a full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary. The basis for this
finding is that Anchorage 7 is already being utilized within the
boundaries set forth in this final rule.
Small Entities
Under 5 U.S.C. 601 et seq., known as the Regulatory Flexibility
Act, the Coast Guard must consider whether this final rule will have a
significant economic impact on a substantial number of small entities.
``Small Entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under section 3 of the Small
Business Act (15 U.S.C. 632). Since the impact of this final rule is
expected to be minimal, the Coast Guard will certify under 5 U.S.C.
605(b), that this final rule will not have a significant economic
impact on a substantial number of small entities.
Collection of Information
This final rule contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612, and it is anticipated
that this final rulemaking will not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
This final rulemaking has been thoroughly reviewed by the Coast
Guard and determined to be categorically excluded from further
environmental documentation in accordance with section 2.B.2.e of
Commandant Instruction M16475.1B. It has been determined that a
Categorical Exclusion Determination statement is not required (see 59
FR 38654, July 29, 1994).
List of Subjects in 33 CFR Part 110
Anchorage Grounds.
Final Regulations
For the reasons set out in the preamble, Part 110 of Title 33, Code
of Federal Regulations is amended as follows:
PART 110--ANCHORAGE REGULATIONS
1. The authority citation for Part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 2030, 2035 and 2071; 49 CFR 1.46 and
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a
are also issued under 33 U.S.C. 1223 and 1231.
2. In Sec. 110.157 paragraph (a)(8) is revised to read as follows:
Sec. 110.157 Delaware Bay and River.
(a) * * *
(8) Anchorage 7 off Marcus Hook. (i) On the southeast side of the
channel along Marcus Hook Range, bounded by a line connecting the
following points:
Latitude Longitude
39 deg.49'17.254'' N 75 deg.22'50.0994'' W
39 deg.48'39.984'' N 75 deg.23'17.238'' W
39 deg.47'45.309'' N 75 deg.25'01.278'' W
39 deg.47'43.111'' N 75 deg.26'00.186'' W
(DATUM: NAD 83)
(ii) A vessel that is arriving from or departing for sea and that
requires an examination by public health, customs, or immigration
authorities shall anchor in the preferential area of this anchorage
designated for the use of vessels awaiting quarantine inspection, this
area being the waters bounded by the arc of a circle with a radius of
366 yards and with the center located at:
Latitude Longitude
39 deg.48'46.334'' N 75 deg.23'26.881'' W
(DATUM: NAD 83)
(iii) Should the remainder of the anchorage be in use, the
preferential area, when available, may be used by vessels not subject
to quarantine inspection.
* * * * *
Dated: January 23, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 95-4410 Filed 2-22-95; 8:45 am]
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