42676 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

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:

§ 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.
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–97–063]

RIN 2121–AA97

Safety Zone: Albany Bicentennial

Fireworks, Hudson River, Troy, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

the Albany Bicentennial Fireworks

program. The safety zone will close all

waters of the Hudson River, shore to

shore, south of the Green Island Bridge

and north of the Congress Street Bridge,

Troy, New York. The safety zone is

necessary to protect the maritime public

from the hazards associated with

fireworks launched from a barge in the

Hudson River.

DATES: This final rule is effective from

8:45 p.m. until 10:15 p.m. on August 10,

1997.

FOR FURTHER INFORMATION CONTACT:

Lieutenant (Junior Grade) Dave Gefell,

Waterways Oversight Branch, Coast

Guard Activities New York, (718) 354–

4195, 212 Coast Guard Drive, Staten

Island, New York 10305.

SUPPLEMENTARY INFORMATION:

Regulatory History

Pursuant to 5 U.S.C. 553, a notice of

proposed rulemaking (NPRM) was not

published for this regulation. Good

cause exists for not publishing an NPRM

and for making this regulation effective

less than 30 days after Federal Register

publication. Due to the date that

conclusive information for this event

was received, there was insufficient

time to draft and publish an NPRM.

Following normal rulemaking

procedures would cause the event to be

delayed or cancelled and would be

contrary to the public interest since the

event is intended for public

entertainment.

Background and Purpose

On July 15, 1997, the Albany

Bicentenary Commission submitted an

application to hold a fireworks program

in the Hudson River for the purpose of

celebrating the 200th birthday of the

city of Albany. The safety zone prevents

vessels from transiting this portion of

the Hudson River, and is needed to

protect mariners from the hazards

associated with fireworks launched

from a barge. This regulation establishes

a temporary safety zone in all waters of

the Hudson River, shore to shore, south

of the Green Island Bridge and north of

the Congress Street Bridge, Troy, New

York. The safety zone is in effect from

8:45 p.m. until 10:15 p.m. on August 10,

1997.

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 not

been reviewed 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 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary. Although this regulation

would prevent traffic from transiting

this area, the effect of this regulation

would not be significant. This finding is

based on the following: the duration of

the event is limited, the limited vessel

traffic in the area, the event is at a late

hour, and extensive, advance advisories

will be made.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations less than 50,000. For

the reasons discussed in the Regulatory

Evaluation section above, the Coast

Guard expects this rule will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This rule does not provide for a

collection of information requirement

under the Paperwork Reduction Act (44

U.S.C. 3501–3520).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that it does not have

sufficient Federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, this rule is categorically

excluded from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under FOR FURTHER

INFORMATION CONTACT.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reports and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard proposes to

amend 33 CFR part 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. A temporary section 165.T01–063,

is added to read as follows:

§ 165.T01–063 Safety Zone; Albany

Bicentennial Fireworks Display, Hudson

River, New York.

(a) Location. All waters of the Hudson

River, shore to shore, south of the Green

Island Bridge and north of the Congress

Street Bridge, Troy, New York.

(b) Effective period. This safety zone

is in effect on August 10, 1997, from

8:45 p.m. until 10:15 p.m.

(c) Regulations.

(1) The general regulations contained

in 33 CFR 165.23 apply.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceed as directed.