[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Rules and Regulations]
[Pages 42676-42677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 97-21029]
[[Page 42676]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD 05-97-063]
RIN 2115-AA97
Safety Zone: Delaware Bay, Delaware River
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the Delaware
Bay and Delaware River between the Delaware Breakwater and Marcus Hook,
Pennsylvania. This safety zone is needed to protect vessels, the port
community and the environment from potential safety and environmental
hazards associated with the loading and transit of the T/V TARQUIN
RANGER while it is loaded with more than 2% of its cargo carrying
capacity of Liquified Hazardous Gas.
DATES: This rule is effective from 11:59 p.m. July 31, 1997, and
terminates at 11:59 p.m. August 12, 1997.
FOR FURTHER INFORMATION CONTACT: Lt. S.A. Budka, Project Officer, U.S.
Coast Guard Captain of the Port, 1 Washington Avenue, Philadelphia, PA
19147-4395, Phone: (215) 271-4889.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking (NPRM) was not published for this regulation and
good cause exists for making it effective in less than 30 days after
Federal Register publication. The Coast Guard was informed by the
owner/operator of the T/V TARQUIN RANGER on July 30, 1997 of the
intended transit of the T/V TARQUIN RANGER along the Delaware River.
Publishing a NPRM and delaying its effective date would be contrary to
the public interest, since immediate action is needed to respond to
protect the environment and vessel traffic against potential hazards
associated with the transit of the T/V TARQUIN RANGER while it is
loaded with Liquefied Hazardous Gas.
Discussion of the Regulation: This temporary rule establishes a
safety zone in a specified area around the T/V TARQUIN RANGER while
underway in the loaded condition and during cargo operations. The
safety zone will be in effect during the T/V TARQUIN RANGER'S transit
of the Delaware Bay and Delaware River and during cargo operations at
the Sun Marcus Hook Refinery on the Delaware River, at Marcus Hook
Pennsylvania. This temporary rule is intended to minimize the potential
hazards associated with the transportation of Liquefied Hazardous Gas
by a large tankship in heavily trafficked areas of the Delaware Bay and
Delaware River as well as in the Ports of Philadelphia. Entry into this
zone is prohibited unless authorized by the Captain of the Port,
Philadelphia, PA. The Captain of the Port may impose certain
restrictions on vessels allowed to enter the safety zone.
Regulatory Evaluation: This temporary rule is not a significant
regulatory action under section 3(f) of Executive Order 12866 and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that order. It has been exempted from review by the Office
of Management and Budget under that order. It is not significant under
the regulatory policies and procedures of the Department of
Transportation (DOT) (44 CFR 11040; February 26, 1979). The Coast Guard
expects the economic impact of this temporary rule to be so minimal
that a full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary.
Collection of Information: This temporary rule contains no
collection of information requirements under the Paperwork Reduction
Act (44 U.S.C. 3501-3520).
Federalism Assessment: This action has been analyzed in accordance
with the principles and criteria contained in Executive Order 12612,
and it has been determined that it does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment: The Coast Guard considered the environmental impact of
this temporary rule and concluded that under section 2.B.2.e(34) of
Commandant Instruction M16475.1B (as revised by 59 FR 38654; July 29,
1994), this rule is categorically excluded from further environmental
documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Regulation
In consideration of the foregoing, the Coast Guard amends 33 CFR
165 as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. Section 165.T05-063 is added to read as follows:
Sec. 165.T05-063 Safety Zone: Delaware Bay and Delaware River from the
Delaware Breakwater to Marcus Hook, PA.
(a) Location: The following area is a safety zone:
(1) All water within an area which extends 500 years on either side
and 1000 yards ahead and astern of the T/V TARQUIN RANGER while
the vessel is in the loaded condition and underway in the area of the
Delaware River and Delaware Bay bounded by the Sun Marcus Hook Refinery
on the Delaware River, at Marcus Hook, Pennsylvania and the Delaware
Breakwater.
(2) All waters within a 200 yard radius of the T/V TARQUIN RANGER
while it is moored at the Sun Marcus Hook Refinery on the Delaware
River, at Marcus Hook, Pennsylvania.
(b) Effective Dates. This rule is effective from 11:59 p.m. July
31, 1997, and terminates at 11:59 p.m. August 12, 1997.
(c) Definitions. (1) Captain of the Port or COTP means the Captain
of the Port of Philadelphia or any Coast Guard commissioned, warrant or
petty officer authorized to act on his behalf.
(2) Loaded Condition means loaded with LHG that exceeds 2% of the
vessel's cargo carrying capacity.
(d) No vessel may enter the safety zone unless its operator obtains
permission of the Captain of the Port or his designated representative.
(e) As a condition of entry, the COTP may order that:
(1) All vessels operating within the safety zone must maintain a
continuous radio guard on channels 13 and 16 VHF-FM while underway;
(2) Overtaking may take place only under conditions where
overtaking is to be completed well before any bends in the channel.
Before any overtaking, the pilots, masters, and operators of both
vessels must clearly agree on all factors including speeds, time, and
location of overtaking.
(3) Meeting situations on river bends shall be avoided to the
maximum extent possible.
(4) The operator of any vessel in the safety zone shall proceed as
directed by the Captain of the Port or by his designated
representative.
(f) The senior boarding officer enforcing the safety zone may be
contacted on VHF channels 13 & 16. The Captain of the Port of
Philadelphia and the Command Duty officer at the Marine Safety Office,
Philadelphia, may be contacted at telephone number (215) 271-4940.
[[Page 42677]]
Dated: July 31, 1997.
John E. Veentjer,
Captain, U.S. Coast Guard, Captain of the Port, Philadelphia, PA.
[FR Doc. 97-21029 Filed 8-7-97; 8:45 am]
BILLING CODE 4910-14-M