[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Proposed Rules]
[Pages 46026-46030]
[FR Doc No: 2016-16714]

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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the anchorage regulations
for 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 proposed
changes to this regulation would 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. We invite your
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before August 15, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0110 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Brennan Dougherty, U.S. Coast
Guard, Sector Delaware Bay, Chief Waterways Management Division,
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>or
Lieutenant Commander Tiffany Johnson, U.S. Coast Guard, Fifth Coast
Guard District, Waterways Management Branch, telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

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, Purpose, and Legal Basis

    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 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 in coordination with the
Mariners Advisory Committee (MAC). Upon review it was found 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 are 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. The proposed
changes to the Delaware Bay and River anchorages would eliminate
unusable anchorage grounds and maximize usable anchorage grounds within
the anchorage boundaries while continuing to safely support current and
future port demands. The Coast Guard proposes this rulemaking under
authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The following changes are being proposed for seven Delaware Bay and
River anchorage grounds.
    Anchorage 1 Bombay off Hook Point, found in 33 CFR 110.157 (a)(2),
currently has portions of the anchorage which intermittently
experiences a water depth of 2 feet, which is unsafe for vessels to
transit or anchor. The proposed changes would reduce the width of the
anchorage to approximately 1,109 yards while extending the length to
approximately 9,802 yards, thereby allowing more room for safe usable
space within the anchorage.
    Anchorage 3 southeast of Reedy Point, found in 33 CFR
110.157(a)(4), currently has portions of the anchorage in the
navigational channel. Furthermore, the northern portion of the
anchorage, in relation to the entrance to the Chesapeake and Delaware
Canal, poses an unnecessary risk of vessel collisions due to the
proximity of vessels transiting to and from the canal. The proposed
changes would move this anchorage 1,573 yards south of the Chesapeake
and Delaware Canal 2 light, bounding the east side of the anchorage
along the west side of Reedy Island Range, and extend the anchorage
south to the southern end of Reed Island Bar. These changes would
eliminate portions of the anchorage that are in the navigational
channel and increase the anchorage grounds southward.
    Anchorage 6 off Deepwater Point, found in 33 CFR 110.157 (a)(7),
currently has the southern portion of the anchorage approximately 480
yards north from the Delaware Memorial Bridge, this proximity creates
an unnecessary risk of a bridge allision. To mitigate this risk, the
proposed changes would relocate the southern boundary of the anchorage
to approximately 701 yards north of the Delaware Memorial Bridge and
extend the northern portion of the anchorage where it would end
opposite the channel from the entrance of the Christina River.
    Anchorage 8 off Thompson Point, found in 33 CFR 110.157(a)(9),
currently has portions of the anchorage in less than 9 feet of water,
causing an unnecessary safety risk to vessels attempting to transit or
anchor. The proposed changes would increase usable anchorage grounds
within the anchorage by reducing the width of the anchorage to
approximately 231 yards and extending the northern end of the anchorage
to the edge of Crab Point.
    Anchorage 11 at Gloucester, found in 33 CFR 110.157(a)(12),
currently has the northern portion of the anchorage approximately 71
yards south of the Walt Whitman Bridge. This proximity creates an
unnecessary risk of a bridge allision. The proposed changes would
increase the distance of the northern portion of the anchorage to 254
yards from the Walt Whitman Bridge, reducing the risk of a bridge
allision for vessels in the anchorage.
    Anchorage 12 between Gloucester and Camden, found in 33 CFR
110.157(a)(13), currently begins south of the Walt Whitman Bridge,
bordering the northern line of Anchorage 11 traveling north to the
southern boundary of Anchorage 13 at Camden, NJ. Anchorages 12 and 13
each span a bridge where anchoring a vessel is impractical and creates
an unnecessary risk of bridge allision. The proposed changes would
address this issue by relocating the south end of Anchorage 12 to begin
232 yards north of the Walt Whitman Bridge and relocating the northern
boundary to approximately 155 yards south of the Benjamin Franklin
Bridge. This would eliminate any anchorage grounds underneath the Walt
Whitman Bridge and Benjamin Franklin Bridge, mitigating the unnecessary
risk of a bridge allision.
    Anchorage 13, found in 33 CFR 110.157(a)(14), currently begins on
the east side of the channel adjoining and

on the upstream side of Anchorage 12, to Cooper Point, Camden.
Anchorages 12 and 13 each span a bridge where anchoring a vessel is
impractical and creates an unnecessary risk of bridge allision. The
proposed changes above would move the south end of Anchorage 13 to
begin approximately 190 yards north of the Benjamin Franklin Bridge.
Anchorage 13's northern boundary would remain the same, terminating in
the vicinity of Coopers Point, Camden. This would eliminate any
anchorage grounds underneath Benjamin Franklin Bridge, mitigating the
unnecessary risk of a bridge allision.

IV. Regulatory Analyses

    We developed this proposed 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.

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 NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
    This proposed rule is not a significant regulatory action because
it would not interfere with existing maritime activity on the Delaware
River. Rather, it would 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    The proposed rule would affect owners and operators of vessels
wishing to anchor in the Delaware Bay and River anchorages. Boundaries
of some of the current anchorages would be 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 proposed
rule changes would be minimal because the changes increase usable
anchorage grounds and enable vessels to safely anchor in the anchorage
boundaries.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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 proposed rule. If the rule would 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves directly
with establishing, disestablishing, and modifying anchorage grounds.
Normally such actions are categorically excluded from further review
under paragraph 34(f) of Figure 2-1 of Commandant Instruction
M16475.lD. A preliminary environmental analysis checklist and
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
proposed rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the

docket number for this rulemaking, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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, bounded as follows: Beginning at a point
(approximately latitude 39[deg]17'14'' N., longitude 75[deg]22'21'' W.)
bearing 170[deg] from Ship John Shoal Light, 380 yards southwest of the
southwest edge of the channel along Liston Range; thence 231[deg],
1,000 yards; thence 319[deg], 9,800 yards; thence 049[deg], 1,000
yards; and thence 139[deg], 9,800 yards, back to the beginning point.
These coordinates are based on the World Geodetic System 1984 (WGS 84)
horizontal datum reference.
* * * * *
    (4) Anchorage 3 southeast of Reedy Point. Southeast of the entrance
to the Chesapeake and Delaware Canal at Reedy Point, bounded as
follows: Beginning at a point (approximately latitude 39[deg]33'09'' N.
and longitude 75[deg]32'38'' W.), bearing 120[deg], 1,573 yards
southeast from Chesapeake and Delaware Canal 2 Light, bounded on the
east by the west edge of the channel along Reedy Island Range, south to
a point (approximately latitude 39[deg]31'29'' N. and longitude
75[deg]33'01'' W.), thence 286[deg], 406 yards, thence 008[deg], 1,460
yards, continuing north by a line running from the last point to
(approximately latitude 39[deg]33'09'' N. and longitude 75[deg]33'10''
W.), 1,817 yards, and thence 90[deg], 840 yards, to the point of
beginning. These coordinates are based on the World Geodetic System
1984 (WGS 84) horizontal datum reference.
* * * * *
    (7) Anchorage 6 off Deepwater Point. East of the entrance to
Christina River, bounded as follows: Beginning at latitude
39[deg]43'00'' N., longitude 75[deg]30'20'' W.; thence 106[deg], 966
yards; thence 214[deg], 1,882 yards; thence 203[deg], 828 yards; thence
182[deg], 232 yards; thence 283[deg], 335 yards; and thence 015[deg],
2,858 yards, along the east side of the Cherry Island Range, to the
point of beginning. Vessels must not cast anchor in the cable area at
the lower end of this anchorage except in case of emergency. These
coordinates are based on the World Geodetic System 1984 (WGS 84)
horizontal datum reference.
* * * * *
    (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, bounded as follows: Beginning at a point on the south
edge of the channel along Tinicum Range at longitude 75[deg]18'23'' W.;
thence easterly along the edge of the channel to longitude
75[deg]17'41'' W.; thence 185[deg], 220 yards; thence 272[deg], 1,079
yards; thence 001[deg], 192 yards, to the point of beginning. These
coordinates are based on the World Geodetic System 1984 (WGS 84)
horizontal datum reference.
* * * * *
    (12) Anchorage 11 at Gloucester. East of the channel south of the
Walt Whitman Bridge at Gloucester, bounded as follows: Beginning at a
point latitude 39[deg]54'11'' N., longitude 75[deg]07'45'' W.; thence
bearing 101[deg], 85 yards, thence 177[deg], 275 yards to a point
latitude 39[deg]54'03'' N., longitude 75[deg]07'41'' W., along the New
Jersey shore, thence 200[deg], 1,179 yards; thence 216[deg], 875 yards
to a point at latitude 39[deg]53'10'' N., longitude 75[deg]08'17'' W.,
thence northeasterly bearing 026[deg], 1,006 yards, and thence
018[deg], 1,203 yards to the point of beginning. 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. These coordinates are
based on the World Geodetic System 1984 (WGS 84) horizontal datum
reference.
    (13) Anchorage 12 between Gloucester and Camden. 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'' 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 north, 5,536
yards, thence bearing 098[deg], 178 yards, thence 193[deg], 437 yards,
thence 185[deg], 546 yards, thence 179[deg], 1,107 yards, thence
168[deg], 964 yards, thence 161[deg], 1,749 yards, thence 182[deg], 401
yards, thence 195[deg], 305 yards, and thence 276[deg], 132 yards to
the point of beginning. 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.
These coordinates are based on the World Geodetic System 1984 (WGS 84)
horizontal datum reference.
    (14) Anchorage 13 at Camden. East of the channel, North of the
Benjamin Franklin Bridge to Cooper Point, Camden, bounded as follows:
Beginning at a point latitude 39[deg] 57'17'', longitude
75[deg]07'58'', thence bearing 16[deg], 209 yards, thence 27[deg], 368
yards, thence 46[deg], 355 yards, thence 139[deg], 200 yards, thence
221[deg], 604 yards, thence 199[deg], 222 yards, and thence 287[deg],
147 yards to the point of beginning. These coordinates are based on the
World Geodetic System 1984 (WGS 84) horizontal datum reference.
* * * * *

    Dated: June 20, 2016.
Meredith L. Austin,
Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2016-16714 Filed 7-14-16; 8:45 am]
 BILLING CODE 9110-04-P