Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations 55167

result. If appropriate, the debtor will

also be advised where and to whom to

request a review of any unresolved

dispute.

(b) The debtor will be granted 30 days

from the date of the notification

required by paragraph (a) of this section

to request a review of the determination

of the Agency official responsible for

collection of the debt on any unresolved

dispute. The debtor will be advised of

the result.

§ 102.176 Prior provision of rights with

respect to debt.

To the extent that the rights of the

debtor in relation to the same debt have

been previously provided under some

other statutory or regulatory authority,

including administrative offset

procedures set forth in Subpart U, the

Agency is not required to duplicate

those efforts before referring a debt for

tax refund offset.

By Direction of the Board.

John J. Toner,

Executive Secretary, National Labor Relations

Board.

[FR Doc. 97–28092 Filed 10–22–97; 8:45 am]

BILLING CODE 7545–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD 05–97–076]

RIN 2115–AA98

Delaware River Safety Zone and

Anchorage Regulations

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Army Corps of Engineers

has begun dredging parts of the

Delaware River including the Marcus

Hook Range Ship Channel. Because of

the dredging operations, temporary

additional requirements will be

imposed in Marcus Hook Anchorage

(Anchorage 7), the Deepwater Point

Anchorage (Anchorage 6), and the

Mantua Creek Anchorage (Anchorage 9).

The Coast Guard is also establishing a

temporary moving safety zone around

the dredge vessel Essex that will be

working in the Marcus Hook Range Ship

Channel adjacent to Anchorage 7.

EFFECTIVE DATES: Paragraph (b)(11) in 33

CFR 110.157 is effective from October 2,

1997 until 6 a.m. on December 20, 1997.

Section 165.T05–076 is effective from

October 2, 1997 until 6 a.m. on

December 20, 1997.

FOR FURTHER INFORMATION CONTACT:

LT S.A. Budka, Project Officer, U.S.

Coast Guard Captain of the Port, 1

Washington Ave., Philadelphia, PA

19147–4395, Phone: (215) 271–4889.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553(b)(3) and

5 U.S.C. 553(d), a Notice of Proposed

Rule Making (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 U.S.

Army Corps of Engineers, Philadelphia

District on September 26, 1997 that

dredging operations would commence

on October 2, 1997. Publishing a NPRM

and delaying its effective date would be

contrary to the public interest, since

immediate action is needed to protect

mariners from potential hazards

associated with the dredging operations

in the Marcus Hook Range Ship Channel

and to modify the anchorage regulations

to facilitate vessel traffic.

Background and Purpose

The U.S. Army Corps of Engineers

(ACOE) notified the Coast Guard that it

needed to conduct dredging operations

on the Delaware River, in the vicinity of

the Marcus Hook Range Ship Channel.

The dredging is needed to maintain the

project depth of the channel. Similar

dredging was conducted in 1995 and

1996. This period of dredging began

October 2, 1997 and is anticipated to

end on December 20, 1997.

To reduce the hazards associated with

dredging the channel, vessel traffic that

would normally transit through the

Marcus Hook Range Ship Channel will

be diverted through part of Anchorage 7,

reducing available anchorage space by

approximately one half. Vessels will

continue to be allowed to anchor in

available parts of Anchorage 7 during

the dredging operations; however,

permission to anchor must be obtained

from the Captain of the Port, who will

identify those parts of Anchorage 7 that

are expected to be available.

For the protection of mariners

transiting in the vicinity of dredging

operations, the Coast Guard is also

establishing a moving safety zone

around the dredging vessel Essex. The

safety zone will ensure that mariners

remain a safe distance from the dredging

equipment that could potentially be

dangerous.

Discussion of the Regulation

Section 110.157(b)(2) allows vessels

to anchor for up to 48 hours in the

anchorages listed in 110.157(a), which

includes Anchorage 7. However,

because of the limited anchorage space

available in Anchorage 7, the Coast

Guard is adding a temporary paragraph

33 CFR 110.157(b)(11) to provide

additional requirements and restrictions

on vessels utilizing Anchorage 7. During

the effective period, vessels desiring to

use Marcus Hook Anchorage

(Anchorage 7) must obtain permission

from the Captain of the Port,

Philadelphia at least 24 hours in

advance. The Captain of the Port will

permit only one vessel at a time to

anchor in Anchorage 7 and will grant

permission on a ‘‘first come, first serve’’

basis. A vessel will be directed to a

location within Anchorage 7 where it

may anchor, and will not be permitted

to remain in Anchorage 7 for more than

12 hours.

The Coast Guard expects that vessels

normally permitted to anchor in

Anchorage 7 will use Anchorage 6 off

Deepwater Point or Anchorage 9 near

the entrance to Mantua Creek, because

they are the closest anchorages to

Anchorage 7. To control access to

Anchorage 7, the Coast Guard is

requiring a vessel desiring to anchor in

Anchorage 7 obtain advance permission

from the Captain of the Port. To control

access to Anchorages 6 and 9, the Coast

Guard is requiring any vessel 700 feet or

greater in length obtain advance

permission from the Captain of the Port

before anchoring. The Coast Guard is

also concerned that the holding ground

in Anchorages 6 and 9 is not as good as

in Anchorage 7. Therefore, a vessel 700

to 750 feet in length is required to have

one tug standing alongside while at

anchor, and a vessel of over 750 feet in

length must have two tugs standing

alongside. The tug(s) must have

sufficient horsepower to prevent a

vessel from swinging into the channel if

necessary.

The Coast Guard is also establishing

a moving safety zone within a 150 yard

radius of the dredging operations being

conducted in the Marcus Hook Range

Ship Channel in the vicinity of

Anchorage 7 by the dredge vessel Essex.

The safety zone will protect mariners

transiting the area from the potential

hazards associated with dredging

operations. Vessels transiting the

Marcus Hook Range Ship Channel are

required to divert from the main ship

channel through Anchorage 7, and must

operate at the minimum safe speed

necessary to maintain steerage and

reduce wake. No vessel may enter the

safety zone unless it receives permission

from the Captain of the Port.

Regulatory Evaluation

This 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
55168 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

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 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

10e of the regulatory policies and

procedures of DOT is unnecessary.

Although this regulation requires

certain vessels to have at least one tug

alongside while at anchor, the

requirement only applies to vessels 700

feet or greater in length, that are

anchored in Anchorages 6 and 9.

Vessels anchoring in Anchorage 7 are

not required to have assist tugs

alongside. Alternate anchorages, such as

Anchorage A (Breakwater) and

Anchorage 1 (Big Stone) in Delaware

Bay, are also reasonably close and

generally available. Vessels anchoring in

Anchorages A and 1 are typically not

required to have tugs alongside.

Furthermore, few vessels 700 feet or

greater are expected to enter the port

during the effective period. The majority

of vessels expected are less than 700 feet

and thus will not be required to have

tugs alongside. The Captain of the Port,

Philadelphia will direct anchoring of

vessels so as not to significantly impede

traffic flow in the vicinity of the

dredging operations.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B (as revised by 59 FR 38654;

July 29, 1994), this rule is categorically

excluded from further environmental

documentation. A Categorical Exclusion

Determination statement has been

prepared and placed in the rulemaking

docket.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

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.

List of Subjects

33 CFR Part 110

Anchorage grounds.

33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Security measures, Vessels,

Waterways.

Regulation

In consideration of the foregoing, the

Coast Guard amends 33 CFR 110 and 33

CFR 165 as follows:

PART 110—[AMENDED]

1. The authority citation for Part 110

continues to read as follows:

Authority: 33 U.S.C. 471, 2030, 2035, and

2071; 49 CFR 1.46 and 33 CFR 1.05–1(g).

Section 110.1a and each section listed in

110.1a is also issued under 33 U.S.C. 1223

and 1231.

2. In § 110.157, a new temporary

paragraph (b)(11) is added to read as

follows:

§ 110.157 Delaware Bay and River.

* * * * *

(b) * * *

(11) In addition to the requirements

and restrictions of paragraph (b)(2), the

provisions of this paragraph apply to the

anchorages in paragraphs (a)(7), (a)(8),

and (a)(10).

(i) Prior to anchoring in Anchorage 7

off Marcus Hook, as described in

paragraph (a)(8) of this section, a vessel

must first obtain permission from the

Captain of the Port, Philadelphia, at

least 24 hours on advance of arrival.

Permission to anchor will be granted on

a ‘‘first-come, first-serve’’ basis. The

Captain of the Port will allow only one

vessel at a time to anchor in Anchorage

7 and will direct the vessel to a location

in which the vessel may anchor. No

vessel may remain within Anchorage 7

for more than 12 hours.

(ii) For Anchorage 6 as described in

paragraph (a)(7) of this section, and

Anchorage 9 as described in paragraph

(a)(10) of this section:

(A) Any vessel 700 feet or greater in

length requesting anchorage shall obtain

permission from the Captain of the Port,

Philadelphia, PA at least 24 hours in

advance.

(B) Any vessel from 700 to 750 feet in

length shall have one tug alongside at

all times while the vessel is at anchor.

(C) Any vessel greater than 750 feet in

length shall have two tugs alongside at

all times while the vessel is at anchor.

(D) The master, owner or operator of

a vessel at anchor shall ensure that a

tug(s) required by this section is of

sufficient horsepower to assist with

necessary maneuvers to keep the vessel

clear of the navigation channel.

(iii) Definitions: Captain of the Port or

COTP means the Captain of the Port,

Philadelphia, Pennsylvania or any Coast

Guard commissioned, warrant, or petty

officer authorized to act on his behalf.

(iv) Effective Dates: This paragraph is

effective from October 2, 1997 until 6

a.m. on December 20, 1997.

PART 165—[AMENDED]

3. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1225 and 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.

4. A new Section 165.T05–076 is

added to read as follows:

§ 165.T05–076 Safety Zone: Delaware

River, Marcus Hook Range Ship channel.

(a) Location: The following area is a

safety zone: All waters within a 150

yard radius of the dredging vessel Essex

operating in or near the Marcus Hook

Range Ship Channel in the vicinity of

Anchorage 7.

(b) Effective Dates: This regulation is

effective from October 2, 1997 until 6

a.m. on December 20, 1997.

(c) Regulations: The following

regulations shall apply within the safety

zone.

(1) In accordance with the general

regulations in Section 165.23, entry into

this safety zone is prohibited unless

authorized by the Captain of the Port.

The general requirements of sections

165.23 also apply to this regulation.

(i) Vessels transiting the Marcus Hook

Range Ship Channel shall divert from

the main ship channel through

Anchorage 7, remain at least 150 yards

from the dredging operations, and

operate at a minimum safety speed

necessary to maintain steerageway and

reduce wake.

(2) The operator of any vessel in the

safety zone shall proceed as directed by

the Captain of the Port.

(3) The Coast Guard vessel enforcing

the safety zone may be contacted on

channel 13 and 16 VHF–FM. The

Captain of the Port, Philadelphia may be

contacted at telephone number (215)

271–4940.

(d) Definitions: Captain of the Port or

COTP means the Captain of the Port,

Philadelphia, Pennsylvania or any Coast

Guard commissioned, warrant, or petty

officer authorized to act on his behalf.

Dated: October 1, 1997.

Roger T. Rufe,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 97–28101 Filed 10–22–97; 8:45 am]

BILLING CODE 4910–14–M