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Federal Register / Vol. 70, No.

135 / Friday, July 15, 2005 / Rules and Regulations 40885

Dated: June 26, 2005. 2004, and the comment was unrelated to served’’ basis. That vessel will be
Sally Brice-O’Hara, the actions of this final rule. No public directed to a location within Anchorage
Rear Admiral, U.S. Coast Guard, Commander, meeting was requested, and none was 7 where it may anchor for a period not
Fifth Coast Guard District. held. to exceed 12 hours.
[FR Doc. 05–13962 Filed 7–14–05; 8:45 am] The Coast Guard expects that vessels
Background and Purpose normally permitted to anchor in
BILLING CODE 4910–15–P
USACE conducts annual dredging Anchorage 7 will use Anchorage 6 off
operations on the Delaware River in the Deepwater Point or Anchorage 9 near
DEPARTMENT OF HOMELAND vicinity of the Marcus Hook Range to the entrance to Mantua Creek, because
SECURITY maintain the forty-foot Federal they are the next closest anchorage
navigation project depth. The dredging grounds. To control access to Anchorage
Coast Guard occurs between September 1 and 7, the Coast Guard requires a vessel
December 31 of each year. desiring to anchor in Anchorage 7 to
33 CFR Parts 110 and 165 To reduce the hazards associated with obtain advance permission from the
dredging the channel, vessel traffic that Captain of the Port. To control access to
[CGD05–04–035] would normally transit through the Anchorages 6 and 9, the Coast Guard
RIN 1625–AA00 and 1625–AA01 Marcus Hook Range will be diverted requires that any vessel 700 feet or
through part of Anchorage 7 during the greater in length to obtain advance
Anchorage Grounds and Safety Zone; dredging operations. Therefore, permission from the Captain of the Port
Delaware River additional requirements and restrictions before anchoring.
on the use of Anchorage 7 are necessary. The Coast Guard is also concerned
AGENCY: Coast Guard, DHS. This final rule also places a that the holding grounds in Anchorages
ACTION: Final rule. permanent safety zone in waters within 6 and 9 are not as good as in Anchorage
SUMMARY: The Coast Guard has a 150-yard radius around vessels 7. Therefore, a vessel 700 to 750 feet in
established a permanent safety zone and engaged in dredging operations, and length is required to have one tug
modified certain anchorages in the area places additional requirements and standing alongside while at anchor and
of the Marcus Hook Range when the restrictions at Anchorage 7 and a vessel over 750 feet in length will
U.S. Army Corps of Engineers (USACE) Anchorage 6. require two tugs standing alongside. The
In prior years, the Coast Guard had tug(s) is/are required to have sufficient
conducts its annual dredging
established a temporary safety zone horsepower to prevent the vessel they
operations. Annual dredging is
within a 150-yard radius of the dredge are attending from swinging into the
necessary to maintain congressionally
performing dredging operations in channel.
authorized channel depths. The safety
Marcus Hook Range.
zone and anchorage modifications are This permanent safety zone will Regulatory Evaluation
necessary to ensure safe vessel transits protect mariners transiting the area from This rule is not a ‘‘significant
during the dredging operations. These the potential hazards associated with regulatory action’’ under section 3(f) of
regulations will alter the route of vessels dredging operations. Vessels transiting Executive Order 12866, Regulatory
transiting the channel and requirements the Marcus Hook Range will have to Planning and Review, and does not
for those vessels wishing to anchor divert from the main ship channel require an assessment of potential costs
during the dredging operations. through Anchorage 7 and must operate and benefits under section 6(a)(3) of that
DATES: This rule is effective August 15, at the minimum safe speed necessary to Order. The Office of Management and
2005. maintain steerage and reduce wake. No Budget has not reviewed it under that
ADDRESSES: Comments and material vessel will be allowed to enter the safety Order. It is not ‘‘significant’’ under the
received from the public, as well as zone unless it receives permission from regulatory policies and procedures of
documents indicated in this preamble as the Captain of the Port or his designated the Department of Homeland Security
being available in the docket, are part of representative. (DHS).
docket CGD05–04–035 and are available Additionally, the Coast Guard has We expect the economic impact of
for inspection or copying at Coast Guard established vessel requirements on this rule to be so minimal that a full
Marine Safety Office Philadelphia, One vessels in the affected anchorages. Regulatory Evaluation under the
Washington Avenue, Philadelphia, Pursuant to 33 CFR 110.157(b)(2) regulatory policies and procedures of
Pennsylvania, 19147 between 8 a.m. and vessels are allowed to anchor for up to DHS is unnecessary.
4 p.m., Monday through Friday, except 48 hours in the anchorage grounds Although this final rule requires
Federal holidays. listed in § 110.157(a), which includes certain vessels to have one or two tugs
FOR FURTHER INFORMATION CONTACT: Anchorage 7. However, because of the alongside while at anchor, the
Lieutenant Junior Grade Jill Bessetti or limited anchorage space available in requirement only applies to vessels 700
Ensign Otis Barrett, Coast Guard Marine Anchorage 7, the Coast Guard has added feet or greater in length that choose to
Safety Office/Group Philadelphia, at a paragraph in 33 CFR 110.157(b)(11) to anchor in Anchorages 6 and 9. Alternate
(215) 271–4889. provide additional requirements and anchorage grounds such as Anchorage A
SUPPLEMENTARY INFORMATION: restrictions on vessels utilizing (Breakwater & Big Stone Beach) off the
Anchorage 7 during the USACE entrance to the Mispillion River and
Regulatory Information dredging. During the effective period, Anchorage 1 (Bombay Hook) off Bombay
On December 15, 2004, we published vessels desiring to use Marcus Hook Hook Point in Delaware Bay, are
a notice of proposed rulemaking Anchorage (Anchorage 7) must obtain reasonably close and generally
(NPRM) entitled ‘‘Anchorage Grounds permission from the Captain of the Port, available. Vessels anchoring in
and Safety Zone; Delaware River’’ in the Philadelphia, at least 24 hours in Breakwater and Big Stone are not
Federal Register (69 FR 240). We advance. The Captain of the Port will required to have tugs alongside, except
received one letter commenting on the permit only one vessel at a time to when specifically directed to do so by
proposed rule in reference to the recent anchor in Anchorage 7 and will grant the Captain of the Port because of a
oil spill. Dredging did not occur in permission on a ‘‘first come, first specific hazardous condition. The

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40886 Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Rules and Regulations

majority of vessels expected during the Though this rule will not result in such Management and Budget, with an
effective period are less than 700 feet an expenditure, we do discuss the explanation of why using these
and thus will not be required to have effects of this rule elsewhere in this standards would be inconsistent with
tugs alongside. preamble. applicable law or otherwise impractical.
Voluntary consensus standards are
Small Entities Taking of Private Property
technical standards (e.g., specifications
Under the Regulatory Flexibility Act This rule does not affect a taking of of materials, performance, design, or
(5 U.S.C. 601–612), we have considered private property or otherwise have operation; test methods; sampling
whether this rule would have a taking implications under Executive procedures; and related management
significant economic impact on a Order 12630, Governmental Actions and systems practices) that are developed or
substantial number of small entities. Interference with Constitutionally adopted by voluntary consensus
The term ‘‘small entities’’ comprises Protected Property Rights. standards bodies.
small businesses, not-for-profit This rule does not use technical
Civil Justice Reform
organizations that are independently standards. Therefore, we did not
owned and operated and are not This rule meets applicable standards consider the use of voluntary consensus
dominant in their fields, and in sections 3(a) and 3(b)(2) of Executive standards.
governmental jurisdictions with Order 12988, Civil Justice Reform, to
populations of less than 50,000. minimize litigation, eliminate Environment
The Coast Guard certifies under 5 ambiguity, and reduce burden. We have analyzed this rule under
U.S.C. 605(b) that this rule will not have Protection of Children Commandant Instruction M16475.1D,
a significant economic impact on a which guides the Coast Guard in
substantial number of small entities. We have analyzed this rule under complying with the National
Executive Order 13045, Protection of Environmental Policy Act of 1969
Assistance for Small Entities Children from Environmental Health (NEPA) (42 U.S.C. 4321–4370f), and
Under section 213(a) of the Small Risks and Safety Risks. This rule is not have concluded that there are no factors
Business Regulatory Enforcement an economically significant rule and in this case that would limit the use of
Fairness Act of 1996 (Pub. L. 104–121), does not create an environmental risk to a categorical exclusion under section
we offered to assist small entities in health or risk to safety that may 2.B.2 of the Instruction. Therefore, this
understanding the rule so that they disproportionately affect children. rule is categorically excluded, under
could better evaluate its effects on them Indian Tribal Governments figure 2–1, paragraph (34)(f) and (34)(g),
and participate in the rulemaking of the Instruction. An ‘‘Environmental
process. If the rule would affect your This rule does not have tribal Analysis Check List’’ and a ‘‘Categorical
small business, organization, or implications under Executive Order Exclusion Determination’’ are available
governmental jurisdiction and you have 13175, Consultation and Coordination in the docket where indicated under
questions concerning its provisions or with Indian Tribal Governments, ADDRESSES.
options for compliance, please contact because it does not have a substantial
Lieutenant Junior Grade Jill Bessetti or direct effect on one or more Indian List of Subjects
Ensign Otis Barrett, Coast Guard Marine tribes, on the relationship between the 33 CFR Part 110
Safety Office/Group Philadelphia, at Federal Government and Indian tribes,
(215) 271–4889. or on the distribution of power and Anchorage grounds.
responsibilities between the Federal 33 CFR Part 165
Collection of Information Government and Indian tribes.
This rule calls for no new collection Harbors, Marine safety, Navigation
Energy Effects (water), Reporting and recordkeeping
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under requirements, Security measures,
3520). Executive Order 13211, Actions Waterways.
Concerning Regulations That ■ For the reasons discussed in the
Federalism Significantly Affect Energy Supply, preamble, the Coast Guard amends 33
A rule has implications for federalism Distribution, or Use. We have CFR parts 110 and 165 as follows:
under Executive Order 13132, determined that it is not a ‘‘significant
Federalism, if it has a substantial direct energy action’’ under that order because PART 110—ANCHORAGE
effect on State or local governments and it is not a ‘‘significant regulatory action’’ REGULATIONS
would either preempt State law or under Executive Order 12866 and is not
■ 1. The authority citation for part 110
impose a substantial direct cost of likely to have a significant adverse effect
continues to read as follows:
compliance on them. We have analyzed on the supply, distribution, or use of
this rule under that Order and have energy. The Administrator of the Office Authority: 33 U.S.C. 471, 1221 through
determined that it does not have of Information and Regulatory Affairs 1236, 2030, 2035, and 2071; Department of
implications for federalism. has not designated it as a significant Homeland Security Delegation No. 0170.1
and 33 CFR 1.05–1(g).
energy action. Therefore, it does not
Unfunded Mandates Reform Act
require a Statement of Energy Effects ■ 2. Add § 110.157(b)(11) to read as
The Unfunded Mandates Reform Act under Executive Order 13211. follows:
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of Technical Standards § 110.157 Delaware Bay and River.
their discretionary regulatory actions. In The National Technology Transfer * * * * *
particular, the Act addresses actions and Advancement Act (NTTAA) (15 (b) * * *
that may result in the expenditure by a U.S.C. 272 note) directs agencies to use (11) Annually from September 1 until
State, local, or tribal government, in the voluntary consensus standards in their December 31, additional requirements
aggregate, or by the private sector of regulatory activities unless the agency and restrictions in this paragraph for the
$100,000,000 or more in any one year. provides Congress, through the Office of use of anchorages defined in paragraphs

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Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Rules and Regulations 40887

(a)(7), (a)(8), and (a)(10) of this section § 165.555 Safety Zone; Delaware River. deviation is necessary for the
apply. (a) Definition. As used in this section, replacement of the operating controls of
(i) Before anchoring in Anchorage 7 Captain of the Port means the the bridge.
off Marcus Hook, as described in Commander of Sector Delaware Bay or DATES: This deviation is effective from
paragraph (a)(8) of this section, a vessel any Coast Guard commissioned, warrant 9 a.m. on Monday, August 1, 2005
must first obtain permission from the or petty officer who has been authorized through 9 p.m. on Tuesday, August 2,
Captain of the Port, Philadelphia, at by the Captain of the Port to act on his 2005.
least 24 hours in advance of arrival. behalf. The Captain of the Port may be ADDRESSES: Materials referred to in this
Permission to anchor will be granted on contacted by telephone at (215) 271– document are available for inspection or
a ‘‘first-come, first-served’’ basis. The 4807 or via VHF marine band radio, copying at the office of the Eighth Coast
Captain of the Port, Philadelphia, will channel 16. Guard District, Bridge Administration
allow only one vessel at a time to be at (b) Location. The following area is a Branch, Hale Boggs Federal Building,
anchor in Anchorage 7, and no vessel safety zone: All waters located within a room 1313, 500 Poydras Street, New
may remain within Anchorage 7 for 150-yard radius around the dredging Orleans, Louisiana 70130–3310 between
more than 12 hours. Any vessel arriving operation and barge, conducting 7 a.m. and 3 p.m., Monday through
from or departing to sea that requires an dredging operations in or near the Friday, except Federal holidays. The
examination by the public health Marcus Hook Range in the vicinity of telephone number is (504) 589–2965.
service, customs or immigration Anchorage 7. The Bridge Administration Branch of
authorities will be directed to an (c) Enforcement. This safety zone will the Eighth Coast Guard District
anchorage for the required inspection by be enforced annually beginning on maintains the public docket for this
the Captain of the Port on a case-by-case September 1 through December 31. temporary deviation.
basis. (d) Regulations. FOR FURTHER INFORMATION CONTACT: Phil
(ii) For Anchorage 6 off Deepwater (1) All persons are required to comply Johnson, Bridge Administration Branch,
Point, as described in paragraph (a)(7) of with the general regulations governing telephone (504) 589–2965.
this section, and Anchorage 9 as safety zones in 33 CFR 165.23 of this SUPPLEMENTARY INFORMATION: The Board
described in paragraph (a)(10) of this part. of Commissioners of the New Orleans
section. (2) All Coast Guard vessels enforcing Levee Board has requested a temporary
this safety zone or watch officers aboard deviation in order to replace the
(A) Any vessel 700 feet or greater in
the Dredge and Barge can be contacted operating controls and to calibrate the
length requesting anchorage shall obtain
on VHF marine band radio, channel 16. new controls of the Ted Hickey Bascule
permission from the Captain of the Port,
The Captain of the Port may be Span Bridge on Leon C. Simon
Philadelphia, Pennsylvania, at least 24
contacted by telephone at (215) 271– Boulevard across the Inner Harbor
hours in advance.
4807 or via VHF marine band radio, Navigation Canal, mile 4.6, at New
(B) Any vessel from 700 to 750 feet in channel 16. Orleans, Orleans Parish, Louisiana. This
length shall have one tug alongside at
Dated: July 1, 2005. temporary deviation will allow the
all times while the vessel is at anchor.
L.L. Hereth, bridge to remain in the closed-to-
(C) Any vessel greater than 750 feet in navigation position from 9 a.m. on
Rear Admiral, U.S. Coast Guard, Commander,
length shall have two tugs alongside at Fifth Coast Guard District. Monday, August 1, 2005 through 9 p.m.
all times while the vessel is at anchor. on Tuesday, August 2, 2005.
[FR Doc. 05–13963 Filed 7–14–05; 8:45 am]
(D) The Master, owner or operator of BILLING CODE 4910–15–P
The bridge has a vertical clearance of
a vessel at anchor shall ensure that any 45 feet above Mean Sea Level in the
tug required by this section is of closed-to-navigation position.
sufficient horsepower to assist with DEPARTMENT OF HOMELAND Navigation at the site of the bridge
necessary maneuvers to keep the vessel SECURITY consists mainly of small ships, tows
clear of the navigation channel. with barges, and recreational vessels,
(iii) As used in this section, Captain Coast Guard including sailing vessels. Due to prior
of the Port means the Commander of experience, as well as coordination with
Sector Delaware Bay or any Coast Guard 33 CFR Part 117 waterway users, it has been determined
commissioned, warrant or petty officer that this thirty-six hour closure will not
[CGD08–05–043]
who has been authorized by the Captain have a significant effect on these
of the Port to act on his behalf. The Drawbridge Operation Regulations; vessels. Normally, the draw of the
Captain of the Port may be contacted by Inner Harbor Navigation Canal—New bridge opens on signal, except that, from
telephone at (215) 271–4807 or via VHF Orleans, LA 7 a.m. to 8:30 a.m. and 5 p.m. to 6:30
marine band radio, channel 16. p.m., Monday through Friday, the draw
* * * * * AGENCY: Coast Guard, DHS. need not be opened for navigation, as
ACTION: Notice of temporary deviation provided for in 33 CFR 117.458(c). The
PART 165—REGULATED NAVIGATION from regulations. bridge may not be able to open for
AREAS AND LIMITED ACCESS AREAS emergencies during the closure period.
SUMMARY: The Commander, Eighth Alternate routes are available via Chef
■ 3. The authority citation for part 165 Coast Guard District, has issued a Menteur Pass or Rigolets Pass and the
continues to read as follows: temporary deviation from the regulation Gulf Intracoastal Waterway.
governing the operation of the Ted In accordance with 33 CFR 117.35(c),
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Hickey Bascule Span Bridge across the this work will be performed with all due
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. Inner Harbor Navigation Canal, mile 4.6, speed in order to return the bridge to
107–295, 116 Stat. 2064; Department of at New Orleans, Orleans Parish, normal operation as soon as possible.
Homeland Security Delegation No. 0170.1 Louisiana. This deviation allows the This deviation from the operating
bridge to remain closed to navigation for regulations is authorized under 33 CFR
■ 4. Add § 165.555 to read as follows: thirty-six hours. This temporary 117.35.

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