Anchorage Grounds; Delaware Bay and River, Philadelphia, PA, 85157-85160 [2016-28405]
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Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations
70885); and December 10, 2014 (79 FR
73201)). Use of a uniform compliance
date provides for an orderly and
economical industry adjustment to new
labeling requirements by allowing
sufficient lead time to plan for the use
of existing label inventories and the
development of new labeling materials.
We have determined under 21 CFR
25.30(k) that this action is of a type that
does not individually or cumulatively
have a significant effect on the human
environment. Therefore, neither an
environmental assessment nor an
environmental impact statement is
required.
This final rule contains no collections
of information. Therefore, clearance by
the Office of Management and Budget
under the Paperwork Reduction Act of
1995 is not required.
We have examined the impacts of the
final rule under Executive Order 12866,
Executive Order 13563, the Regulatory
Flexibility Act (5 U.S.C. 601–612), and
the Unfunded Mandates Reform Act of
1995 (Pub. L. 104–4). Executive Orders
12866 and 13563 direct Agencies to
assess all costs and benefits of available
regulatory alternatives and, when
regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). We
believe that this final rule is not a
significant regulatory action under
Executive Order 12866.
The establishment of a uniform
compliance date does not in itself lead
to costs or benefits. We will assess the
costs and benefits of the uniform
compliance date in the regulatory
impact analyses of the labeling rules
that take effect at that date.
The Regulatory Flexibility Act
requires Agencies to analyze regulatory
options that would minimize any
significant economic impact of a rule on
small entities. Because the final rule
does not impose compliance costs on
small entities, we certify that the final
rule will not have a significant
economic impact on a substantial
number of small entities.
Section 202(a) of the Unfunded
Mandates Reform Act of 1995 requires
that Agencies prepare a written
statement, which includes an
assessment of anticipated costs and
benefits, before issuing ‘‘any rule that
includes any Federal mandate that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more (adjusted annually for inflation)
in any one year.’’ The current threshold
after adjustment for inflation is $146
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million, using the most current (2015)
Implicit Price Deflator for the Gross
Domestic Product. We do not expect
this final rule to result in any 1-year
expenditure that would meet or exceed
this amount.
We have analyzed this final rule in
accordance with the principles set forth
in Executive Order 13132. We have
determined that the rule does not
contain policies that have substantial
direct effects 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. Accordingly, we
have concluded that the rule does not
contain policies that have federalism
implications as defined in the Executive
Order and, consequently, a federalism
summary impact statement is not
required.
This action is not intended to change
existing requirements for compliance
dates contained in final rules published
before January 1, 2017. Therefore, all
final rules published by FDA in the
Federal Register before January 1, 2017,
will still go into effect on the date stated
in the respective final rule. We generally
encourage industry to comply with new
labeling regulations as quickly as
feasible, however. Thus, when industry
members voluntarily change their
labels, it is appropriate that they
incorporate any new requirements that
have been published as final regulations
up to that time.
In rulemaking that began with
publication of a proposed rule on April
15, 1996 (61 FR 16422), and ended with
a final rule on December 24, 1996, we
provided notice and an opportunity for
comment on the practice of establishing
uniform compliance dates by issuance
of a final rule announcing the date.
Receiving no comments objecting to this
practice, FDA finds any further advance
notice and opportunity for comment or
delayed effective date unnecessary for
establishment of the uniform
compliance date. Nonetheless, under 21
CFR 10.40(e)(1), we are providing an
opportunity for comment on whether
the uniform compliance date
established by this final rule should be
modified or revoked. Interested parties
will have an opportunity to comment on
the compliance date for each individual
food labeling regulation as part of the
rulemaking process for that regulation.
The new uniform compliance date
will apply only to final FDA food
labeling regulations that require changes
in the labeling of food products and that
publish after January 1, 2017, and before
December 31, 2018. Those regulations
will specifically identify January 1,
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85157
2020, as their compliance date. All food
products subject to the January 1, 2020,
compliance date must comply with the
appropriate regulations when initially
introduced into interstate commerce on
or after January 1, 2020. If any food
labeling regulation involves special
circumstances that justify a compliance
date other than January 1, 2020, we will
determine for that regulation an
appropriate compliance date, which
will be specified when the final
regulation is published.
Dated: November 18, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–28333 Filed 11–23–16; 8:45 am]
BILLING CODE 4164–01–P
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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 https://
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 Tiffany.A.Johnson@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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.
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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
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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 nonFederal 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,
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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
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Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations
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.
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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
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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
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.
2. Amend § 110.157 by revising
paragraphs (a)(2), (4), (7), (9), and (12)
through (14) to read as follows:
■
§ 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
39°17′14.0″
39°16′55.2″
39°20′34.1″
39°20′53.5″
Longitude
N
N
N
N
075°22′21.0″
075°22′50.5″
075°26′56.8″
075°26′28.0″
W
W
W
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
39°33′09.0″
39°32′34.6″
39°31′29.0″
39°31′31.8″
39°32′14.6″
39°33′09.0″
Longitude
N
N
N
N
N
N
075°32′38.0″
075°32′38.2″
075°33′01.0″
075°33′16.2″
075°33′08.3″
075°33′10.0″
W
W
W
W
W
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:
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Latitude
39°43′00.0″ N
39°42′51.5 ″ N
39°42′05.4″ N
39°41′47.3″ N
39°41′34.7″ N
39°41′36.6″ N
85159
Longitude
075°30′20.0″
075°29′44.9″
075°30′25.2″
075°30′37.5″
075°30′39.9″
075°30′51.1″
W
W
W
W
W
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
39°50′52.0″
39°50′51.1″
39°50′44.5″
39°50′46.0″
N
N
N
N
Longitude
075°18′23.0″
075°17′41.0″
075°17′41.6″
075°18′23.0″
W
W
W
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
39°54′10.0″
39°54′09.4″
39°54′03.0″
39°53′30.5″
39°53′09.6″
39°53′36.6″
N
N
N
N
N
N
Longitude
075°07′45.0″
075°07′43.0″
075°07′41.0″
075°07′57.7″
075°08′17.0″
075°08′00.6″
W
W
W
W
W
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°54′26.0″ N,
longitude 75°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°57′05.0″ N, longitude
75°08′04.2″ W, and then bounded by a
line connecting the following points,
connecting to the point of beginning:
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Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations
Latitude
39°57′04.3″
39°56′51.7″
39°56′35.5″
39°56′02.8″
39°55′34.7″
39°54′45.7″
39°54′33.8″
39°54′25.2″
Longitude
N
N
N
N
N
N
N
N
075°07′57.3″
075°08′01.3″
075°08′03.1″
075°08′02.0″
075°07′54.5″
075°07′32.5″
075°07′32.9″
075°07′36.1″
W
W
W
W
W
W
W
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
39°57′17.0″
39°57′22.3″
39°57′32.0″
39°57′39.2″
39°57′34.9″
39°57′21.2″
39°57′15.1″
Longitude
N
N
N
N
N
N
N
075°07′58.0″
075°07′55.9″
075°07′49.4″
075°07′39.7″
075°07′34.7″
075°07′49.8″
075°07′52.7″
(DATUM: NAD 83)
*
*
*
*
W
W
W
W
W
W
W
*
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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–1029]
Drawbridge Operation Regulation;
Northeast Cape Fear River,
Wilmington, NC
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
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ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the CSX Hilton
Railroad Bridge across the Northeast
Cape Fear River, mile 1.5, at
SUMMARY:
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Wilmington, NC. This deviation is
necessary to manually operate the
bridge and perform emergency bridge
repairs. This deviation allows the bridge
to remain in the closed-to-navigation
position.
DATES: This deviation is effective
without actual notice from November
25, 2016 through 6 p.m. on December 9,
2016. For the purposes of enforcement,
actual notice will be used from
November 18, 2016 at 3:45 p.m., until
November 25, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–1029] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Hal R. Pitts,
Bridge Administration Branch Fifth
District, Coast Guard, telephone 757–
398–6222, email Hal.R.Pitts@uscg.mil.
SUPPLEMENTARY INFORMATION: The CSX
Corporation, owner and operator of the
CSX Hilton Railroad Bridge across the
Northeast Cape Fear River, mile 1.5, in
Wilmington, NC, has requested a
temporary deviation from the current
operating regulations due to an
electrical casualty to the submarine
cable and electrical components caused
by Hurricane Matthew. The bridge is
limited to manual operation, which
requires personnel to manually operate
components of the bridge in locations
where additional safety measures are
required, limiting the bridge to daylight
operations. The bridge is a bascule draw
bridge and has a vertical clearance in
the closed position of 4 feet above mean
high water.
The current operating schedule is set
out in 33 CFR 117.829(b). Under this
temporary deviation, the bridge will
remain in the closed-to-navigation
position and open on signal during
daylight hours, if at least 3 hours notice
is given.
The Northeast Cape Fear River is used
by a variety of vessels including small
commercial fishing vessels, recreational
vessels and tugs and barges. The Coast
Guard has carefully coordinated the
restrictions with waterway users.
Vessels able to safely pass through the
bridge in the closed position may do so
at any time. The bridge will not be able
to open for emergencies and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
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arrange their transit to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: November 18, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2016–28331 Filed 11–23–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2016–0591; FRL–9955–48–
Region 10]
Air Plan Approval: AK; Permitting Fees
Revision
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve state implementation
plan (SIP) revisions submitted by the
State of Alaska (state) Department of
Environmental Conservation on
February 1, 2016. The revisions
implement changes to permit
administration and compliance fees
based on the state’s fee study results.
Changes include: The addition of
definitions, restructuring of fee
categories, rearranging and renumbering
of certain fee rules, and updating cross
references to align with the restructured
fee rules.
DATES: This rule is effective on January
24, 2017, without further notice, unless
the EPA receives adverse comment by
December 27, 2016. If the EPA receives
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2016–0591 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
SUMMARY:
E:\FR\FM\25NOR1.SGM
25NOR1
]]>Agencies
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Rules and Regulations]
[Pages 85157-85160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://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 Tiffany.A.Johnson@uscg.mil.
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
