[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Rules and Regulations]
[Pages 42676-42677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21029]



[[Page 42676]]

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

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.

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

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