81_FR_85384 81 FR 85157 - Anchorage Grounds; Delaware Bay and River, Philadelphia, PA

81 FR 85157 - Anchorage Grounds; Delaware Bay and River, Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 227 (November 25, 2016)

Page Range85157-85160
FR Document2016-28405

The Coast Guard is revising the anchorage regulations for the Delaware Bay and River. The Coast Guard conducted a review of the Delaware Bay and River anchorage grounds to support increased traffic and vessel size. The changes to this regulation will eliminate unusable anchorage grounds and provide additional usable grounds to support current and future port demands and enhance the overall navigation safety of this critical component of the maritime transportation system.

Federal Register, Volume 81 Issue 227 (Friday, November 25, 2016) 
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Rules and Regulations]
[Pages 85157-85160]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28405]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2016-0110]
RIN 1625-AA01


Anchorage Grounds; Delaware Bay and River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is revising the anchorage regulations for the 
Delaware Bay and River. The Coast Guard conducted a review of the 
Delaware Bay and River anchorage grounds to support increased traffic 
and vessel size. The changes to this regulation will eliminate unusable 
anchorage grounds and provide additional usable grounds to support 
current and future port demands and enhance the overall navigation 
safety of this critical component of the maritime transportation 
system.

DATES: This rule is effective December 27, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0110 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander Tiffany Johnson, U.S. Coast Guard, 
Fifth Coast Guard District, Waterways Management Branch, telephone 
(757) 398-6516, email [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 85158]]

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    On July 15, 2016, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Anchorage Grounds; Delaware Bay and River, 
Philadelphia, PA (81 FR 46026). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to these 
anchorage regulations for Delaware Bay and River. During the comment 
period that ended August 15, 2016, we received two comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The purpose of this rule is to eliminate unusable anchorage 
grounds and maximize usable anchorage grounds within the anchorage 
boundaries while continuing to safely support current and future port 
demands.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received two comments on our NPRM published July 
15, 2016. One comment was in favor of the proposed changes. The second 
comment requested that the Coast Guard define the boundaries of the 
anchorages using coordinates instead of bearings and distances. As a 
result, the regulatory text of this rule has been changed to use 
coordinates to define the anchorages covered by this rule, with the 
exception of the western boundary of Anchorage 12 between Gloucester 
and Camden, 33 CFR 110.157(a)(13), for which it is impracticable to 
define using coordinates.
    This rule makes changes to seven of the Delaware Bay and River 
anchorages in order to eliminate unusable anchorage grounds and 
maximize usable anchorage grounds within the anchorage boundaries while 
continuing to safely support current and future port demands.
    The Delaware Bay and River anchorage grounds are largely used by 
commercial vessel traffic. General regulations covering the anchorage 
of vessels in the port are set out in 33 CFR 110.157. In 1992, the 
Delaware River Main Channel Deepening project was authorized for 
construction by Public Law 102-580, Section 101 (6) of the Water 
Resources Development Act (WRDA) 1992; modified by Public Law 106-53, 
Section 308 of WRDA 1999 and further modified by Public Law 106-541, 
Section 306 of WRDA 2000. This project includes deepening the existing 
Delaware River Federal Navigation Channel from 40 to 45 feet from 
Philadelphia, Pennsylvania, and Camden, New Jersey to the mouth of the 
Delaware Bay. The Army Corps of Engineers (USACE) along with the non-
Federal sponsor, the Philadelphia Regional Port Authority (PRPA), 
commenced dredging for this project in 2010. This project, once 
completed, will allow for deeper draft vessels within the port and 
increase overall traffic, and anchorage usage. Due to this anticipated 
increase in marine traffic a review of the current Delaware Bay and 
River anchorage grounds was conducted by the Waterways Management 
Division Sector Delaware Bay, Philadelphia, PA. Upon review, it was 
determined that multiple anchorage grounds in 33 CFR 110.157 were 
unusable for some larger vessels due to lack of depth needed to safely 
anchor. Other anchorage grounds were deemed unusable because they 
spanned underneath bridges where it would be impractical for vessels to 
anchor, and posed an increased and unnecessary safety risk of bridge 
allision.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This rule is not a significant regulatory action because it will 
not interfere with existing maritime activity on the Delaware River. 
Rather, it will enhance navigational safety along the Delaware River by 
providing safer locations for vessels to anchor, improving navigation 
safety near bridges and reducing the potential for disruption to 
maritime traffic by anchored vessels potentially within the federal 
channel. Vessels may navigate in, around, and through the modified 
anchorages.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    The rule may affect owners and operators of vessels wishing to 
anchor in the Delaware Bay and River anchorages. Boundaries of some of 
the current anchorages have been modified, reduced, or increased 
depending on the water depth and relation of the anchorage to bridges 
along the Delaware Bay and River. The impact of the rule will be 
minimal because the changes increase usable anchorage grounds and 
enable vessels to safely anchor in the anchorage boundaries.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule will affect your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain

[[Page 85159]]

about this rule or any policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves establishing, disestablishing, and modifying anchorage 
grounds. It is categorically excluded from further review under 
paragraph 34(f) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  110.157 by revising paragraphs (a)(2), (4), (7), (9), 
and (12) through (14) to read as follows:


Sec.  110.157   Delaware Bay and River.

    (a) * * *
    (2) Anchorage 1 off Bombay Hook Point. On the southwest side of the 
channel along Liston Range, in the waters bounded by a line connecting 
the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]17'14.0'' N                    075[deg]22'21.0'' W
39[deg]16'55.2'' N                    075[deg]22'50.5'' W
39[deg]20'34.1'' N                    075[deg]26'56.8'' W
39[deg]20'53.5'' N                    075[deg]26'28.0'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
* * * * *
    (4) Anchorage 3 southeast of Reedy Point. Southeast of the entrance 
to the Chesapeake and Delaware Canal at Reedy Point, in the waters 
bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]33'09.0'' N                    075[deg]32'38.0'' W
39[deg]32'34.6'' N                    075[deg]32'38.2'' W
39[deg]31'29.0'' N                    075[deg]33'01.0'' W
39[deg]31'31.8'' N                    075[deg]33'16.2'' W
39[deg]32'14.6'' N                    075[deg]33'08.3'' W
39[deg]33'09.0'' N                    075[deg]33'10.0'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
* * * * *
    (7) Anchorage 6 off Deepwater Point. East of the entrance to 
Christina River, in the waters bounded by a line connecting the 
following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]43'00.0'' N                    075[deg]30'20.0'' W
39[deg]42'51.5 '' N                   075[deg]29'44.9'' W
39[deg]42'05.4'' N                    075[deg]30'25.2'' W
39[deg]41'47.3'' N                    075[deg]30'37.5'' W
39[deg]41'34.7'' N                    075[deg]30'39.9'' W
39[deg]41'36.6'' N                    075[deg]30'51.1'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
* * * * *
    (9) Anchorage 8 off Thompson Point. On the south side of the 
channel along Tinicum Range, between Thompson Point and the east side 
of Crab Point, in the waters bounded by a line connecting the following 
points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]50'52.0'' N                    075[deg]18'23.0'' W
39[deg]50'51.1'' N                    075[deg]17'41.0'' W
39[deg]50'44.5'' N                    075[deg]17'41.6'' W
39[deg]50'46.0'' N                    075[deg]18'23.0'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
* * * * *
    (12) Anchorage 11 at Gloucester. (i) East of the channel south of 
the Walt Whitman Bridge at Gloucester, in the waters bounded by a line 
connecting the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]54'10.0'' N                    075[deg]07'45.0'' W
39[deg]54'09.4'' N                    075[deg]07'43.0'' W
39[deg]54'03.0'' N                    075[deg]07'41.0'' W
39[deg]53'30.5'' N                    075[deg]07'57.7'' W
39[deg]53'09.6'' N                    075[deg]08'17.0'' W
39[deg]53'36.6'' N                    075[deg]08'00.6'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
    (ii) The area between Pier 124 S and 122 S, along the west side of 
the Delaware River, is restricted to facilitate vessel movements. The 
areas adjacent to working piers are restricted to facilitate the 
movement of vessels to and from these piers. Should the anchorage 
become so congested that vessels are compelled to anchor in these 
restricted areas, they must move immediately when another berth is 
available.
    (13) Anchorage 12 between Gloucester and Camden. (i) East of the 
channel beginning north of the Walt Whitman Bridge at Gloucester and 
ending south of the Benjamin Franklin Bridge at Camden, bounded as 
follows: Beginning at a point at latitude 39[deg]54'26.0'' N, longitude 
75[deg]07'41'' W, bounded on the west by a line perpendicular to the 
channel, 210 yards from the east edge of the channel, 5,536 yards north 
to a point at latitude 39[deg]57'05.0'' N, longitude 75[deg]08'04.2'' 
W, and then bounded by a line connecting the following points, 
connecting to the point of beginning:

[[Page 85160]]



------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]57'04.3'' N                    075[deg]07'57.3'' W
39[deg]56'51.7'' N                    075[deg]08'01.3'' W
39[deg]56'35.5'' N                    075[deg]08'03.1'' W
39[deg]56'02.8'' N                    075[deg]08'02.0'' W
39[deg]55'34.7'' N                    075[deg]07'54.5'' W
39[deg]54'45.7'' N                    075[deg]07'32.5'' W
39[deg]54'33.8'' N                    075[deg]07'32.9'' W
39[deg]54'25.2'' N                    075[deg]07'36.1'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
    (ii) The area between No. 2 Broadway pier and No. 1 Broadway pier 
is restricted to facilitate vessel movements. The areas adjacent to 
working piers are restricted to facilitate the movement of vessels to 
and from these piers. Should the anchorage become so congested that 
vessels are compelled to anchor in these restricted areas, they must 
move immediately when another berth is available.
    (14) Anchorage 13 at Camden. East of the channel, north of the 
Benjamin Franklin Bridge to Cooper Point, Camden, NJ, in the waters 
bounded by a line connecting the following points:

------------------------------------------------------------------------
              Latitude                             Longitude
------------------------------------------------------------------------
39[deg]57'17.0'' N                    075[deg]07'58.0'' W
39[deg]57'22.3'' N                    075[deg]07'55.9'' W
39[deg]57'32.0'' N                    075[deg]07'49.4'' W
39[deg]57'39.2'' N                    075[deg]07'39.7'' W
39[deg]57'34.9'' N                    075[deg]07'34.7'' W
39[deg]57'21.2'' N                    075[deg]07'49.8'' W
39[deg]57'15.1'' N                    075[deg]07'52.7'' W
------------------------------------------------------------------------


(DATUM: NAD 83)
* * * * *

    Dated: November 7, 2016.
Meredith L. Austin,
Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2016-28405 Filed 11-23-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations 85157 70885); and December 10, 2014 (79 FR million, using the most current (2015) 2020, as their compliance date. All food 73201)). Use of a uniform compliance Implicit Price Deflator for the Gross products subject to the January 1, 2020, date provides for an orderly and Domestic Product. We do not expect compliance date must comply with the economical industry adjustment to new this final rule to result in any 1-year appropriate regulations when initially labeling requirements by allowing expenditure that would meet or exceed introduced into interstate commerce on sufficient lead time to plan for the use this amount. or after January 1, 2020. If any food of existing label inventories and the We have analyzed this final rule in labeling regulation involves special development of new labeling materials. accordance with the principles set forth circumstances that justify a compliance We have determined under 21 CFR in Executive Order 13132. We have date other than January 1, 2020, we will 25.30(k) that this action is of a type that determined that the rule does not determine for that regulation an does not individually or cumulatively contain policies that have substantial appropriate compliance date, which have a significant effect on the human direct effects on the States, on the will be specified when the final environment. Therefore, neither an relationship between the National regulation is published. environmental assessment nor an Government and the States, or on the Dated: November 18, 2016. environmental impact statement is distribution of power and required. responsibilities among the various Leslie Kux, This final rule contains no collections levels of government. Accordingly, we Associate Commissioner for Policy. of information. Therefore, clearance by have concluded that the rule does not [FR Doc. 2016–28333 Filed 11–23–16; 8:45 am] the Office of Management and Budget contain policies that have federalism BILLING CODE 4164–01–P under the Paperwork Reduction Act of implications as defined in the Executive 1995 is not required. Order and, consequently, a federalism We have examined the impacts of the summary impact statement is not DEPARTMENT OF HOMELAND final rule under Executive Order 12866, required. SECURITY Executive Order 13563, the Regulatory This action is not intended to change Flexibility Act (5 U.S.C. 601–612), and existing requirements for compliance Coast Guard the Unfunded Mandates Reform Act of dates contained in final rules published 1995 (Pub. L. 104–4). Executive Orders before January 1, 2017. Therefore, all 33 CFR Part 110 12866 and 13563 direct Agencies to final rules published by FDA in the [Docket Number USCG–2016–0110] assess all costs and benefits of available Federal Register before January 1, 2017, regulatory alternatives and, when will still go into effect on the date stated RIN 1625–AA01 regulation is necessary, to select in the respective final rule. We generally regulatory approaches that maximize encourage industry to comply with new Anchorage Grounds; Delaware Bay net benefits (including potential labeling regulations as quickly as and River, Philadelphia, PA economic, environmental, public health feasible, however. Thus, when industry AGENCY: Coast Guard, DHS. and safety, and other advantages; members voluntarily change their ACTION: Final rule. distributive impacts; and equity). We labels, it is appropriate that they believe that this final rule is not a incorporate any new requirements that SUMMARY: The Coast Guard is revising significant regulatory action under have been published as final regulations the anchorage regulations for the Executive Order 12866. up to that time. Delaware Bay and River. The Coast The establishment of a uniform In rulemaking that began with Guard conducted a review of the compliance date does not in itself lead publication of a proposed rule on April Delaware Bay and River anchorage to costs or benefits. We will assess the 15, 1996 (61 FR 16422), and ended with grounds to support increased traffic and costs and benefits of the uniform a final rule on December 24, 1996, we vessel size. The changes to this compliance date in the regulatory provided notice and an opportunity for regulation will eliminate unusable impact analyses of the labeling rules comment on the practice of establishing anchorage grounds and provide that take effect at that date. uniform compliance dates by issuance additional usable grounds to support The Regulatory Flexibility Act of a final rule announcing the date. current and future port demands and requires Agencies to analyze regulatory Receiving no comments objecting to this enhance the overall navigation safety of options that would minimize any practice, FDA finds any further advance this critical component of the maritime significant economic impact of a rule on notice and opportunity for comment or transportation system. small entities. Because the final rule delayed effective date unnecessary for DATES: This rule is effective December does not impose compliance costs on establishment of the uniform 27, 2016. small entities, we certify that the final compliance date. Nonetheless, under 21 ADDRESSES: To view documents rule will not have a significant CFR 10.40(e)(1), we are providing an economic impact on a substantial opportunity for comment on whether mentioned in this preamble as being number of small entities. the uniform compliance date available in the docket, go to http:// Section 202(a) of the Unfunded established by this final rule should be www.regulations.gov, type USCG–2016– Mandates Reform Act of 1995 requires modified or revoked. Interested parties 0110 in the ‘‘SEARCH’’ box and click that Agencies prepare a written will have an opportunity to comment on ‘‘SEARCH.’’ Click on Open Docket statement, which includes an the compliance date for each individual Folder on the line associated with this assessment of anticipated costs and food labeling regulation as part of the rule. benefits, before issuing ‘‘any rule that rulemaking process for that regulation. FOR FURTHER INFORMATION CONTACT: If includes any Federal mandate that may The new uniform compliance date you have questions on this rule, call or ehiers on DSK5VPTVN1PROD with RULES result in the expenditure by State, local, will apply only to final FDA food email Lieutenant Commander Tiffany and tribal governments, in the aggregate, labeling regulations that require changes Johnson, U.S. Coast Guard, Fifth Coast or by the private sector, of $100,000,000 in the labeling of food products and that Guard District, Waterways Management or more (adjusted annually for inflation) publish after January 1, 2017, and before Branch, telephone (757) 398–6516, in any one year.’’ The current threshold December 31, 2018. Those regulations email Tiffany.A.Johnson@uscg.mil. after adjustment for inflation is $146 will specifically identify January 1, SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 14:00 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1

85158 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations I. Table of Abbreviations Water Resources Development Act improving navigation safety near (WRDA) 1992; modified by Public Law bridges and reducing the potential for CFR Code of Federal Regulations 106–53, Section 308 of WRDA 1999 and disruption to maritime traffic by DHS Department of Homeland Security further modified by Public Law 106– anchored vessels potentially within the FR Federal Register 541, Section 306 of WRDA 2000. This federal channel. Vessels may navigate NPRM Notice of proposed rulemaking § Section project includes deepening the existing in, around, and through the modified U.S.C. United States Code Delaware River Federal Navigation anchorages. COTP Captain of the Port Channel from 40 to 45 feet from Philadelphia, Pennsylvania, and B. Impact on Small Entities II. Background Information and Camden, New Jersey to the mouth of the The Regulatory Flexibility Act of Regulatory History Delaware Bay. The Army Corps of 1980, 5 U.S.C. 601–612, as amended, On July 15, 2016, the Coast Guard Engineers (USACE) along with the non- requires Federal agencies to consider published a notice of proposed Federal sponsor, the Philadelphia the potential impact of regulations on rulemaking (NPRM) titled Anchorage Regional Port Authority (PRPA), small entities during rulemaking. The Grounds; Delaware Bay and River, commenced dredging for this project in term ‘‘small entities’’ comprises small Philadelphia, PA (81 FR 46026). There 2010. This project, once completed, will businesses, not-for-profit organizations we stated why we issued the NPRM, allow for deeper draft vessels within the that are independently owned and and invited comments on our proposed port and increase overall traffic, and operated and are not dominant in their regulatory action related to these anchorage usage. Due to this anticipated fields, and governmental jurisdictions anchorage regulations for Delaware Bay increase in marine traffic a review of the with populations of less than 50,000. and River. During the comment period current Delaware Bay and River The Coast Guard received no comments that ended August 15, 2016, we received anchorage grounds was conducted by from the Small Business Administration two comments. the Waterways Management Division on this rulemaking. The Coast Guard Sector Delaware Bay, Philadelphia, PA. certifies under 5 U.S.C. 605(b) that this III. Legal Authority and Need for Rule Upon review, it was determined that rule will not have a significant The Coast Guard is issuing this rule multiple anchorage grounds in 33 CFR economic impact on a substantial under authority in 33 U.S.C. 1231. The 110.157 were unusable for some larger number of small entities. purpose of this rule is to eliminate vessels due to lack of depth needed to The rule may affect owners and unusable anchorage grounds and safely anchor. Other anchorage grounds operators of vessels wishing to anchor maximize usable anchorage grounds were deemed unusable because they in the Delaware Bay and River within the anchorage boundaries while spanned underneath bridges where it anchorages. Boundaries of some of the continuing to safely support current and would be impractical for vessels to current anchorages have been modified, future port demands. anchor, and posed an increased and reduced, or increased depending on the IV. Discussion of Comments, Changes, unnecessary safety risk of bridge water depth and relation of the and the Rule allision. anchorage to bridges along the Delaware As noted above, we received two V. Regulatory Analyses Bay and River. The impact of the rule comments on our NPRM published July We developed this rule after will be minimal because the changes 15, 2016. One comment was in favor of considering numerous statutes and increase usable anchorage grounds and the proposed changes. The second Executive orders related to rulemaking. enable vessels to safely anchor in the comment requested that the Coast Guard Below we summarize our analyses anchorage boundaries. define the boundaries of the anchorages based on a number of these statutes and Under section 213(a) of the Small using coordinates instead of bearings Executive orders, and we discuss First Business Regulatory Enforcement and distances. As a result, the regulatory Amendment rights of protestors. Fairness Act of 1996 (Public Law 104– text of this rule has been changed to use 121), we want to assist small entities in coordinates to define the anchorages A. Regulatory Planning and Review understanding this rule. If the rule will covered by this rule, with the exception Executive Orders 12866 and 13563 affect your small business, organization, of the western boundary of Anchorage direct agencies to assess the costs and or governmental jurisdiction and you 12 between Gloucester and Camden, 33 benefits of available regulatory have questions concerning its CFR 110.157(a)(13), for which it is alternatives and, if regulation is provisions or options for compliance, impracticable to define using necessary, to select regulatory please contact the person listed in the coordinates. approaches that maximize net benefits. FOR FURTHER INFORMATION CONTACT This rule makes changes to seven of Executive Order 13563 emphasizes the section. the Delaware Bay and River anchorages importance of quantifying both costs Small businesses may send comments in order to eliminate unusable and benefits, of reducing costs, of on the actions of Federal employees anchorage grounds and maximize usable harmonizing rules, and of promoting who enforce, or otherwise determine anchorage grounds within the anchorage flexibility. This rule has not been compliance with, Federal regulations to boundaries while continuing to safely designated a ‘‘significant regulatory the Small Business and Agriculture support current and future port action,’’ under Executive Order 12866. Regulatory Enforcement Ombudsman demands. Accordingly, it has not been reviewed and the Regional Small Business The Delaware Bay and River by the Office of Management and Regulatory Fairness Boards. The anchorage grounds are largely used by Budget. Ombudsman evaluates these actions commercial vessel traffic. General This rule is not a significant annually and rates each agency’s ehiers on DSK5VPTVN1PROD with RULES regulations covering the anchorage of regulatory action because it will not responsiveness to small business. If you vessels in the port are set out in 33 CFR interfere with existing maritime activity wish to comment on actions by 110.157. In 1992, the Delaware River on the Delaware River. Rather, it will employees of the Coast Guard, call 1– Main Channel Deepening project was enhance navigational safety along the 888–REG–FAIR (1–888–734–3247). The authorized for construction by Public Delaware River by providing safer Coast Guard will not retaliate against Law 102–580, Section 101 (6) of the locations for vessels to anchor, small entities that question or complain VerDate Sep<11>2014 14:00 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1

Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations 85159 about this rule or any policy or action establishing, disestablishing, and Latitude Longitude of the Coast Guard. modifying anchorage grounds. It is categorically excluded from further 39°43′00.0″ N 075°30′20.0″ W C. Collection of Information 39°42′51.5 ″ N 075°29′44.9″ W review under paragraph 34(f) of Figure This rule will not call for a new 2–1 of the Commandant Instruction. An 39°42′05.4″ N 075°30′25.2″ W collection of information under the environmental analysis checklist 39°41′47.3″ N 075°30′37.5″ W Paperwork Reduction Act of 1995 (44 39°41′34.7″ N 075°30′39.9″ W supporting this determination and a 39°41′36.6″ N 075°30′51.1″ W U.S.C. 3501–3520). Categorical Exclusion Determination are D. Federalism and Indian Tribal available in the docket where indicated under ADDRESSES. We seek any (DATUM: NAD 83) Governments comments or information that may lead * * * * * A rule has implications for federalism to the discovery of a significant (9) Anchorage 8 off Thompson Point. under Executive Order 13132, environmental impact from this rule. On the south side of the channel along Federalism, if it has a substantial direct Tinicum Range, between Thompson effect on the States, on the relationship List of Subjects in 33 CFR Part 110 Point and the east side of Crab Point, in between the national government and Anchorage grounds. the waters bounded by a line connecting the States, or on the distribution of For the reasons discussed in the the following points: power and responsibilities among the preamble, the Coast Guard amends 33 various levels of government. We have CFR part 110 as follows: Latitude Longitude analyzed this rule under that Order and have determined that it is consistent PART 110—ANCHORAGE 39°50′52.0″ N 075°18′23.0″ W with the fundamental federalism REGULATIONS 39°50′51.1″ N 075°17′41.0″ W principles and preemption requirements 39°50′44.5″ N 075°17′41.6″ W described in Executive Order 13132. ■ 1. The authority citation for part 110 39°50′46.0″ N 075°18′23.0″ W Also, this rule does not have tribal continues to read as follows: implications under Executive Order Authority: 33 U.S.C. 471, 1221 through (DATUM: NAD 83) 13175, Consultation and Coordination 1236, 2071; 33 CFR 1.05–1; Department of * * * * * with Indian Tribal Governments, Homeland Security Delegation No. 0170.1. (12) Anchorage 11 at Gloucester. (i) because it does not have a substantial ■ 2. Amend § 110.157 by revising East of the channel south of the Walt direct effect on one or more Indian paragraphs (a)(2), (4), (7), (9), and (12) Whitman Bridge at Gloucester, in the tribes, on the relationship between the through (14) to read as follows: waters bounded by a line connecting the Federal Government and Indian tribes, following points: § 110.157 Delaware Bay and River. or on the distribution of power and responsibilities between the Federal (a) * * * Latitude Longitude Government and Indian tribes. If you (2) Anchorage 1 off Bombay Hook believe this rule has implications for Point. On the southwest side of the 39°54′10.0″ N 075°07′45.0″ W federalism or Indian tribes, please channel along Liston Range, in the 39°54′09.4″ N 075°07′43.0″ W waters bounded by a line connecting the 39°54′03.0″ N 075°07′41.0″ W contact the person listed in the FOR 39°53′30.5″ N 075°07′57.7″ W FURTHER INFORMATION CONTACT section. following points: 39°53′09.6″ N 075°08′17.0″ W E. Unfunded Mandates Reform Act Latitude Longitude 39°53′36.6″ N 075°08′00.6″ W The Unfunded Mandates Reform Act 39°17′14.0″ N 075°22′21.0″ W of 1995 (2 U.S.C. 1531–1538) requires (DATUM: NAD 83) 39°16′55.2″ N 075°22′50.5″ W (ii) The area between Pier 124 S and Federal agencies to assess the effects of 39°20′34.1″ N 075°26′56.8″ W their discretionary regulatory actions. In 122 S, along the west side of the 39°20′53.5″ N 075°26′28.0″ W particular, the Act addresses actions Delaware River, is restricted to facilitate that may result in the expenditure by a vessel movements. The areas adjacent to (DATUM: NAD 83) working piers are restricted to facilitate State, local, or tribal government, in the * * * * * aggregate, or by the private sector of the movement of vessels to and from (4) Anchorage 3 southeast of Reedy these piers. Should the anchorage $100,000,000 (adjusted for inflation) or Point. Southeast of the entrance to the more in any one year. Though this rule become so congested that vessels are Chesapeake and Delaware Canal at compelled to anchor in these restricted will not result in such an expenditure, Reedy Point, in the waters bounded by we do discuss the effects of this rule areas, they must move immediately a line connecting the following points: when another berth is available. elsewhere in this preamble. (13) Anchorage 12 between Gloucester F. Environment Latitude Longitude and Camden. (i) East of the channel We have analyzed this rule under 39°33′09.0″ N 075°32′38.0″ W beginning north of the Walt Whitman Department of Homeland Security 39°32′34.6″ N 075°32′38.2″ W Bridge at Gloucester and ending south Management Directive 023–01 and 39°31′29.0″ N 075°33′01.0″ W of the Benjamin Franklin Bridge at Commandant Instruction M16475.lD, 39°31′31.8″ N 075°33′16.2″ W Camden, bounded as follows: Beginning which guide the Coast Guard in 39°32′14.6″ N 075°33′08.3″ W at a point at latitude 39°54′26.0″ N, complying with the National 39°33′09.0″ N 075°33′10.0″ W longitude 75°07′41″ W, bounded on the Environmental Policy Act of 1969 (42 west by a line perpendicular to the ehiers on DSK5VPTVN1PROD with RULES U.S.C. 4321–4370f), and have (DATUM: NAD 83) channel, 210 yards from the east edge of determined that this action is one of a * * * * * the channel, 5,536 yards north to a point category of actions that do not (7) Anchorage 6 off Deepwater Point. at latitude 39°57′05.0″ N, longitude individually or cumulatively have a East of the entrance to Christina River, 75°08′04.2″ W, and then bounded by a significant effect on the human in the waters bounded by a line line connecting the following points, environment. This rule involves connecting the following points: connecting to the point of beginning: VerDate Sep<11>2014 14:00 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1

85160 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations Latitude Longitude Wilmington, NC. This deviation is arrange their transit to minimize any necessary to manually operate the impact caused by the temporary 39°57′04.3″ N 075°07′57.3″ W bridge and perform emergency bridge deviation. 39°56′51.7″ N 075°08′01.3″ W repairs. This deviation allows the bridge In accordance with 33 CFR 117.35(e), 39°56′35.5″ N 075°08′03.1″ W to remain in the closed-to-navigation the drawbridge must return to its regular 39°56′02.8″ N 075°08′02.0″ W position. operating schedule immediately at the 39°55′34.7″ N 075°07′54.5″ W 39°54′45.7″ N 075°07′32.5″ W DATES: This deviation is effective end of the effective period of this 39°54′33.8″ N 075°07′32.9″ W without actual notice from November temporary deviation. This deviation 39°54′25.2″ N 075°07′36.1″ W 25, 2016 through 6 p.m. on December 9, from the operating regulations is 2016. For the purposes of enforcement, authorized under 33 CFR 117.35. (DATUM: NAD 83) actual notice will be used from Dated: November 18, 2016. (ii) The area between No. 2 Broadway November 18, 2016 at 3:45 p.m., until Hal R. Pitts, pier and No. 1 Broadway pier is November 25, 2016. Bridge Program Manager, Fifth Coast Guard restricted to facilitate vessel movements. ADDRESSES: The docket for this District. The areas adjacent to working piers are deviation, [USCG–2016–1029] is [FR Doc. 2016–28331 Filed 11–23–16; 8:45 am] restricted to facilitate the movement of available at http://www.regulations.gov. BILLING CODE 9110–04–P vessels to and from these piers. Should Type the docket number in the the anchorage become so congested that ‘‘SEARCH’’ box and click ‘‘SEARCH’’. vessels are compelled to anchor in these Click on Open Docket Folder on the line ENVIRONMENTAL PROTECTION restricted areas, they must move associated with this deviation. AGENCY immediately when another berth is FOR FURTHER INFORMATION CONTACT: If available. you have questions on this temporary 40 CFR Part 52 (14) Anchorage 13 at Camden. East of deviation, call or email Mr. Hal R. Pitts, the channel, north of the Benjamin [EPA–R10–OAR–2016–0591; FRL–9955–48– Bridge Administration Branch Fifth Region 10] Franklin Bridge to Cooper Point, District, Coast Guard, telephone 757– Camden, NJ, in the waters bounded by 398–6222, email Hal.R.Pitts@uscg.mil. Air Plan Approval: AK; Permitting Fees a line connecting the following points: SUPPLEMENTARY INFORMATION: The CSX Revision Corporation, owner and operator of the Latitude Longitude AGENCY: Environmental Protection CSX Hilton Railroad Bridge across the Northeast Cape Fear River, mile 1.5, in Agency (EPA). 39°57′17.0″ N 075°07′58.0″ W 39°57′22.3″ N 075°07′55.9″ W Wilmington, NC, has requested a ACTION: Direct final rule. 39°57′32.0″ N 075°07′49.4″ W temporary deviation from the current SUMMARY: The Environmental Protection 39°57′39.2″ N 075°07′39.7″ W operating regulations due to an 39°57′34.9″ N 075°07′34.7″ W Agency (EPA) is taking direct final electrical casualty to the submarine 39°57′21.2″ N 075°07′49.8″ W action to approve state implementation cable and electrical components caused 39°57′15.1″ N 075°07′52.7″ W plan (SIP) revisions submitted by the by Hurricane Matthew. The bridge is State of Alaska (state) Department of limited to manual operation, which (DATUM: NAD 83) Environmental Conservation on requires personnel to manually operate * * * * * February 1, 2016. The revisions components of the bridge in locations implement changes to permit Dated: November 7, 2016. where additional safety measures are administration and compliance fees Meredith L. Austin, required, limiting the bridge to daylight based on the state’s fee study results. operations. The bridge is a bascule draw Admiral, U.S. Coast Guard, Commander, Changes include: The addition of Fifth Coast Guard District. bridge and has a vertical clearance in definitions, restructuring of fee the closed position of 4 feet above mean [FR Doc. 2016–28405 Filed 11–23–16; 8:45 am] categories, rearranging and renumbering high water. BILLING CODE 9110–04–P The current operating schedule is set of certain fee rules, and updating cross out in 33 CFR 117.829(b). Under this references to align with the restructured temporary deviation, the bridge will fee rules. DEPARTMENT OF HOMELAND DATES: This rule is effective on January SECURITY remain in the closed-to-navigation position and open on signal during 24, 2017, without further notice, unless daylight hours, if at least 3 hours notice the EPA receives adverse comment by Coast Guard is given. December 27, 2016. If the EPA receives The Northeast Cape Fear River is used adverse comment, we will publish a 33 CFR Part 117 by a variety of vessels including small timely withdrawal in the Federal [Docket No. USCG–2016–1029] commercial fishing vessels, recreational Register informing the public that the vessels and tugs and barges. The Coast rule will not take effect. Drawbridge Operation Regulation; Guard has carefully coordinated the ADDRESSES: Submit your comments, Northeast Cape Fear River, restrictions with waterway users. identified by Docket ID No. EPA–R10– Wilmington, NC Vessels able to safely pass through the OAR–2016–0591 at http:// AGENCY: Coast Guard, DHS. bridge in the closed position may do so www.regulations.gov. Follow the online ACTION:Notice of deviation from at any time. The bridge will not be able instructions for submitting comments. drawbridge regulation. to open for emergencies and there is no Once submitted, comments cannot be ehiers on DSK5VPTVN1PROD with RULES immediate alternate route for vessels to edited or removed from Regulations.gov. SUMMARY: The Coast Guard has issued a pass. The Coast Guard will also inform The EPA may publish any comment temporary deviation from the operating the users of the waterways through our received to its public docket. Do not schedule that governs the CSX Hilton Local and Broadcast Notices to Mariners submit electronically any information Railroad Bridge across the Northeast of the change in operating schedule for you consider to be Confidential Cape Fear River, mile 1.5, at the bridge so that vessel operators can Business Information (CBI) or other VerDate Sep<11>2014 14:00 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1


Document Created: 2016-11-23 23:17:23
Document Modified: 2016-11-23 23:17:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective December 27, 2016.
ContactIf you have questions on this rule, call or email Lieutenant Commander Tiffany Johnson, U.S. Coast Guard, Fifth Coast Guard District, Waterways Management Branch, telephone (757) 398-6516, email [email protected]
FR Citation81 FR 85157 
RIN Number1625-AA01
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