`[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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