Federal Register / Vol. 69, No. 24 / Thursday, February 5, 2004 / Rules and Regulations 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] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–04–003] 

RIN 1625–AA00 

Safety Zone; Chesapeake & Delaware 

Canal

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a safety zone encompassing 

the Chesapeake & Delaware Canal 

between Town Point Wharf and Reedy 

Point. This safety zone is necessary to 

provide for the safety of life and 

property and to facilitate commerce. 

This safety zone limits transits by 

imposing shaft horsepower and hull 

restrictions on vessels operating within 

the safety zone due to the hazards to 

navigation created by the ice.

DATES: This rule is effective from 

January 23, 2004 to March 15, 2004.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–04–

003 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 Chesapeake 

& Delaware Canal. 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 Chesapeake & Delaware 

Canal that will restrict access to the 

Canal to only those vessels with steel 

hulls and a minimum of 3000 total shaft 

horsepower. 

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 Chesapeake & 

Delaware Canal between Town Point 

Wharf and Reedy Point. 

Discussion of Temporary Final Rule 

This rule limits access to the safety 

zone to 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. 

This safety zone will protect mariners 

transiting the area from the potential 

hazards associated with ice in the 

Chesapeake & Delaware Canal during 

ice condition two. 

Regulatory Evaluation 

This temporary 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. 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 

5472 Federal Register / Vol. 69, No. 24 / Thursday, February 5, 2004 / Rules and Regulations 

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 Guards, 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.

■ 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

■ 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

■ 2. Add temporary § 165.T05–003 to 

read as follows:

§ 165.T05–003 Safety zone; Chesapeake & 

Delaware Canal. 

(a) Location. The following area is a 

safety zone: All waters located on the 

Chesapeake & Delaware Canal between 

Town Point Wharf and Reedy Point. 

(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 for steel 

hulled vessels with a minimum of 3000 

total shaft horsepower, which may 

transit the safety zone. 

(2) All Coast Guard assets enforcing 

this safety zone can be contacted on 

VHF marine band radio, channels 13 

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. 

Shaft horsepower means a measure of 

the actual mechanical energy per unit 

time delivered to a turning shaft. 

Steel Hull vessel 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 23, 2004 to March 

15, 2004.

Dated: January 23, 2004. 

Liam J. Slein, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Philadelphia.

[FR Doc. 04–2511 Filed 2–4–04; 8:45 am] 

BILLING CODE 4910–15–P