[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2418-2419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1389]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Philadelphia, PA 96-004]
RIN 2115-AA97


Safety Zone Regulations: Delaware Bay, Delaware River, Marcus 
Hook, PA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Delaware River and Delaware Bay 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 transit of the T/V HAVPRINS.

EFFECTIVE DATES: This rule is effective from 11:59 p.m., on January 19, 
1996 and terminates at 11:59 a.m., on January 29, 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 c/o U.S. Coast Guard Captain of the 
Port, 1 Washington Ave., Philadelphia, PA. 19147-4395, Phone: (215) 
271-4909.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, 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 the 
owner/operator of the T/V HAVPRINS on January 11, 1996 of the intended 
transit of the T/V HAVPRINS 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 protect the environment 
and mariners against potential hazards associated with the transit of 
the T/V HAVPRINS while carrying liquefied petroleum gas.

    Drafting Information: The drafters of this regulation are LTJG 
S.J. Kelly, project officer for the Captain of the Port, 
Philadelphia, and CDR T.R. Cahill, Project Attorney, Fifth Coast 
Guard District Legal Staff.

Discussion of the Regulation

    This safety zone is a specified area around the LPG vessel while 
underway, at anchor and during cargo operations. It will be in effect 
during the T/V HAVPRINS's inbound transit of the Delaware River and 
Delaware Bay and during cargo operations. The circumstances requiring 
this regulation are the potential hazards associated with the 
transportation of liquefied 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. This transit consists of T/V 
HAVPRINS's inbound transit to Marcus Hook, Pennsylvania, and cargo 
operations at the Sun Refining and Marketing Refinery terminal on the 
Delaware River, at Marcus Hook, Pennsylvania. Coast Guard Captain of 
the Port Philadelphia may impose transit restrictions on vessels 
operating within the safety zone while the T/V HAVPRINS 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)(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 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.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under section 2.B.2.e. (34) of Commandant 
Instruction M16475.1B (as amended by 59 FR 38654; 29 July 1994), this 
rule is categorically excluded from further environmental 
documentation.

Collection of Information

    This rule 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 in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Security measures, 
Vessels, waterways.

Temporary Regulation

    In consideration of the foregoing, Subpart F of Part 165 of Title 
33, Code of Federal Regulations, is amended as follows:
    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.T05-004 is added to read as follows:


Sec. 165.T05-004  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 1,000 yards ahead and astern of the T/V HAVPRINS while the T/V 
HAVPRINS is underway on the Delaware River in a loaded condition in the 
area bounded 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 HAVPRINS while 
it is moored at the Sun Refining and 

[[Page 2419]]
Marketing Refinery terminal in a loaded condition.
    (b) Effective Date: This section is effective from 11:59 p.m., 
January 19, 1996 to 11:59 a.m., January 29, 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: (1) No person or vessel may enter the safety zone 
unless its operator obtains permission of the Captain of the Port or 
his designated representative.
    (d) As a condition of entry, the COTP or his designated 
representative may order that each vessel:
    (1) Maintain a continuous radio guard on channel 16 and channel 13 
VHF-FM while underway;
    (2) Proceed as directed by the designated representative of the 
Captain of the Port, Philadelphia;
    (3) Not overtake the T/V HAVPRINS 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 actions including vessel 
speeds, time and location of overtaking; and
    (4) When above the C&D Canal, not meet the T/V HAVPRINS at a 
relative speed greater than twenty (20) knots, or greater than 
prevailing weather conditions make prudent. The COTP will not permit 
meeting situations on river bends absent exigent circumstances related 
to safe navigation of either vessel.
    (e) Definitions: The following definitions shall apply within the 
safety zone.
    (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 and 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.
    (2) Loaded condition is LPG on board exceeding 2% of cargo tank 
capacity of the vessel.

    Dated: January 19, 1996.
John E. Veentjer,
Captain, U.S. Coast Guard, Captain of the Port, Philadelphia, PA.
[FR Doc. 96-1389 Filed 1-25-96; 8:45 am]
BILLING CODE 4910-14-M