[Federal Register Volume 61, Number 104 (Wednesday, May 29, 1996)]
[Rules and Regulations]
[Pages 26840-26841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13418]



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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
RIN 2115-AA97
[CGD 05-96-030]

Safety Zone Regulations: Delaware Bay, Delaware River, Salem 
River, NJ

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 from Marcus Hook, Pennsylvania, to the Delaware 
Breakwater. 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 outbound transit of the T/V 
EMSGAS.

EFFECTIVE DATES: This rule is effective from 12:01 a.m. May 20, 1996, 
and terminates at 11:59 p.m. June 2, 1996. The Captain of the Port, 
Philadelphia, may, at an earlier date, advise mariners by Broadcast 
Notice to Mariners that the safety zone will not be enforced.

FOR FURTHER INFORMATION CONTACT:
LTJG S.J. Kelly, Project officer at the Captain of the Port, 
Philadelphia, (215) 271-4909.

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 
the Federal Register publication. The Coast Guard was informed by the 
owner/operator of the T/V EMSGAS on May 16, 1996 of the intended 
transit of the T/V EMSGAS 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 EMSGAS while it is loaded with liquified 
petroleum gas.
Discussion of the Regulation
    This safety zone includes a specified area around the vessel during 
cargo operations and while underway outbound. It will be in effect 
during the T/V EMSGAS's transit of the Delaware River and Delaware Bay 
and during cargo operations at the Sun Refining and Marketing Refinery 
terminal on the Delaware River, at Marcus Hook, Pennsylvania. The 
circumstances requiring this regulation are the potential hazards 
associated with the transportation of liquified petroleum gas by a 
large tankship in heavily trafficked areas of the Delaware River and 
Delaware Bay as well as in the Ports of Philadelphia. The transit 
consists of T/V EMSGAS's outbound transit on the Delaware River and the 
Delaware Bay between the vessel's berth at the Sun Refining and 
Marketing Refinery terminal on the Delaware River, at Marcus Hook, 
Pennsylvania, and the Delaware Breakwater. Coast Guard Captain of the 
Port Philadelphia may impose transit restriction on vessels operating 
within the safety zone while the T/V EMSGAS is loaded with LPG that 
exceeds 2% of the vessel's cargo carrying capacity.

Regulatory Evaluation
    This regulation 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)(30 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 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary.
Environment
    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2.e (34). of Commandant 
Instruction M16475.1B (as revised by 59 FR 38654; Jul 29, 1994), this 
rule is categorically excluded from further environmental 
documentation.
Collection of Information
    This rule contains no collection of information requirement 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 in 33 CFR Part 165
    Harbors, Marine Safety, Navigation (water), Security measures, 
Vessels, Waterways.
Regulation
    In consideration of the foregoing, Subpart C of Part 165 of Title 
33, Code of Federal Regulations, is amended as follows:

[[Page 26841]]

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 new Sec. 165.T05030 is added to read as follows:


Sec. 165.T05030 Safety Zone: Marcus Hook, PA and the Delaware 
Breakwater.

    (a) Location.--A safety zone is established for:
    (1) All waters within an area which extends 500 yards on either 
side and 1000 yards ahead and astern of the T/V EMSGAS while the vessel 
is in the loaded condition and underway in the area bonded by the 
Delaware Breakwater and the Sun Refining and Marketing Refinery 
terminal at Marcus Hook, Pennsylvania.
    (2) All waters within a 200 yard radius of the T/V EMSGAS while it 
is moored at the Sun Refining and Marketing Refinery terminal in the 
loaded condition.
    (b) Effective date.--This section is effective from 12:01 a.m., May 
20, 1996 and terminates at 11:59 p.m., June 2, 1996. If the conditions 
requiring a safety zone terminate at an earlier date, the Captain of 
the Port, Philadelphia, may advise mariners by Broadcast Notice to 
Mariners that the safety zone will not be enforced.
    (c) Regulations.--The following regulations shall apply within the 
safety zone.
    (1) No vessel may enter the safety zone unless its operator obtains 
permission of the Captain of the Port or his designated representative.
    (2) As a condition of entry, the COTP or his designated 
representative may order that each vessel:
    (i) Maintain a continuous radio guard on channels 13 and 16 VHF-FM 
while underway;
    (ii) Not overtake the T/V EMSGAS unless the overtaking is to be 
completed before any bends in the channel, and the pilots, masters and 
operators of both vessels clearly agree on all action including speeds, 
time and location of overtaking.
    (iii) Operate at a minimum no wake speed sufficient to maintain 
steerage while T/V EMSGAS is moored at the Sun Refining and Marketing 
Refinery terminal, at Marcus Hook, Pennsylvania;
    (iv) Proceed as directed by the Captain of the Port or by his 
designated representative.
    (d) Designated COTP representative.--(1) The designated 
representative of the Captain of the Port is any Coast Guard 
commissioned, warrant, or petty officer who has been authorized by the 
Captain of the Port, Philadelphia, Pennsylvania to act on his behalf. 
The designated representative enforcing the safety zone may be 
contacted on VHF channels 13 & 16.
    (2) 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.

    Dated: May 20, 1996.
John E. Veentjer,
Captain, U.S. Coast Guard, Captain of the Port, Philadelphia, PA.
[FR Doc. 96-13418 Filed 5-28-96; 8:45 am]
BILLING CODE 4910-14-M