[Federal Register Volume 69, Number 247 (Monday, December 27, 2004)]
[Rules and Regulations]
[Pages 77140-77141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28226]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-04-224]
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 temporary safety zone in the 
Delaware River encompassing all waters from the Tacony-Palmyra Bridge 
to the Bellevue/Marcus Hook ship ranges at Buoy 2M, shoreline to 
shoreline. The temporary safety zone prohibits persons or vessels from 
entering the zone, unless authorized by the Captain of the Port 
Philadelphia, PA or designated representative. This safety zone is 
necessary to provide for the safety of life, property and to facilitate 
oil spill environmental response activities.

DATES: This rule is effective from December 15, 2004 until January 15, 
2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-04-224 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 a NPRM and for making this 
regulation effective less than 30 days after publication in the Federal 
Register. Publishing a NPRM and delaying its effective date would be 
contrary to public interest, since immediate action is needed to 
protect mariners against potential hazards associated with oil spill 
recovery operations and to ensure the safety of the environment on the 
Delaware River and its tributaries.

Background and Purpose

    On November 27, 2004 at 9:30 p.m. the T/V ATHOS I reported a major 
discharge of oil on the waters of the Delaware River. Oil spill 
response operations are being conducted in the safety zone. A number of 
oil spill response vessels and clean up personnel will be in the safety 
zone during the duration of the response operations. This rule 
establishes a safety zone, on the Delaware River covering all the 
waters of the area bound from the Tacony-Palmyra Bridge to the 
Bellevue/Marcus Hook ship ranges, at Buoy 2M. Mariners will only be 
allowed to transit the safety zone with the permission of the COTP or 
his designated representative. The safety zone will protect mariners 
and oil spill responders from the hazards associated with spill 
recovery and clean up operations. The Captain of the Port will notify 
the maritime community, via marine broadcasts, of the ability of 
vessels to transit through the safety zone. Mariners allowed to travel 
through the safety zone with the permission of the COTP must maintain a 
minimum safe speed, in accordance with the Navigation Rules as seen in 
33 CFR Chapter I, Subchapters D and E.

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 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 will 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 will have virtually no impact on any small entities. This rule 
does not require a general notice of proposed rulemaking and, 
therefore, it is exempt from the requirement of the Regulatory 
Flexibility Act. Although this rule is exempt, we have reviewed it for 
potential economic impact on 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.

[[Page 77141]]

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 would not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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.

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 M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

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 NAVIATION 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.T05-224 to read as follows:


Sec.  165.T05-224  Safety zone; Delaware River

    (a) Location. The following area is a temporary safety zone: All 
waters of the Delaware River from the Tacony-Palmyra Bridge to the 
Bellevue/Marcus Hook ship ranges at Buoy 2M, shoreline to shoreline.
    (b) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) All vessel traffic is prohibited in 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.
    (3) All persons desiring to transit through the safety zone must 
contact the Captain of the Port at telephone number (215) 271-4807 or 
on VHF channel 13 or 16 to seek permission prior to transiting the 
area. If permission is granted, all persons and vessels shall comply 
with the instructions of the Captain of the Port Philadelphia, PA or 
designated representative.
    (4) The Captain of the Port will notify the public of any changes 
in the status of this safety zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (5) Mariners granted permission to transit the safety zone must 
maintain the minimum safe speed necessary to maintain navigation as per 
33 CFR Chapter I, Subchapters D and E.
    (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.
    (d) Effective period. This section is effective from December 15, 
2004 until January 15, 2005.

    Dated: December 14, 2004.
Jonathan D. Sarubbi,
Captain, U.S. Coast Guard, Captain of the Port Philadelphia.
[FR Doc. 04-28226 Filed 12-23-04; 8:45 am]
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