35132 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations

East 10th Street, Manhattan, east

through the charter position of Buoy 18

(LLNR 27335) to the foot of North 8th

Street, Brooklyn.

(iii) Vessels taking position within the

safety zone in either of these viewing

areas must be in their respective

viewing area not later than 7:30 p.m.

(4) 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.

Dated: June 20, 1996.

T.H. Gilmour,

Captain, U.S. Coast Guard, Captain of the

Port of New York.

[FR Doc. 96–16894 Filed 7–3–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[CGD 05–96–045]

RIN 2115–AA97

Safety Zone Regulations: 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 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 11:59 p.m. June 23, 1996, and

terminates at 11:59 p.m. July 5, 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 Federal

Register publication. The Coast Guard

was informed by the owner/operator of

the T/V EMSGAS on June 19, 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

liquefied petroleum gas.

Drafting Information

The drafters of this regulation are

LTJG Scott J. Kelly, project officer for

the Captain of the Port, Philadelphia,

and CDR T. Cahill, project Attorney,

Maintenance and Logistics Command

Atlantic, Legal Division.

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 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. 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 restrictions 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 temporary rule is not a

significant regulatory action under

section3(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 temporary 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 temporary

rule and concluded that under section

2.B.2.e (34) of Commandant Instruction

M16475.1B (as revised by 49 FR 38654;

July 29, 1994), this rule is categorically

excluded from further environmental

documentation.

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 in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and Record Keeping

Requirements, Security measures,

Waterways.

Regulation

In consideration of the foregoing,

Subpart C 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. Section 165.T05–045 is added to

read as follows:

§ 165.T05–045 Safety Zone: Delaware Bay,

Delaware River

(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 EMSGAS while the vessel is in the

loaded condition and underway in the

area bounded by the Delaware

Breakwater and the Sun Refining and

Marketing Refinery terminal on the

Delaware River, 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.

(b) No vessel may enter the safety

zone unless its operator obtains

permission of the Captain of the Port or

his designated representative.
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35133

(c) As a condition of entry, the COTP

may order that each vessel:

(1) Maintain a continuous radio guard

on channels 13 and 16 VHF–FM while

underway;

(2) 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.

(3) 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 on the Delaware River, at

Marcus Hook, Pennsylvania;

(4) Proceed as directed by the Captain

of the Port or by his designated

representative.

(d) The COTP 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.

(e) Definitions:

Captain of the Port or COTP means

the Captain of the Port Philadelphia or

any Coast Guard commissioned, warrant

or petty officer authorized to act on his

behalf.

Loaded Condition means loaded with

LPG that exceeds 2 percent of the

vessel’s cargo carrying capacity.

Dated: June 20, 1996.

John E. Veentjer,

Captain, U.S. Coast Guard, Captain of the

Port, Philadelphia, PA.

[FR Doc. 96–16893 Filed 7–3–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Parts 1 and 13

RIN 1024–AC21

General Regulations for Areas

Administered by the National Park

Service and National Park System

Units in Alaska

AGENCY: National Park Service, Interior.

ACTION: Final rule.

SUMMARY: The National Park Service

(NPS) is revising portions of its general

regulations for areas it administers that

define the primary scope and

applicability and contain definitions for

terms used in the text of the regulations.

NPS is also modifying regulations that

relate to National Park System units in

Alaska. This revision clarifies the

applicability of those NPS regulations

that apply in all National Park System

areas to waters subject to federal

jurisdiction located within park

boundaries, including navigable waters.

In order to protect wildlife and the

other values and purposes of the

National Park System, NPS developed

general regulations intended to be

applicable on navigable waters located

within park boundaries irrespective of

ownership of submerged lands.

However, litigation concerning a seal

shot in the navigable waters of a

national park revealed that a 1987

editorial correction to 36 CFR 1.2(b),

aimed at clarifying a separate and

distinct application of the regulations,

had the unforeseen and unintended

effect of arguably linking federal title to

submerged lands with the exercise of

management authority over activities

occurring on navigable waters. This

rulemaking will clarify the regulations

and ensure the continued protection of

wildlife and other National Park System

values and purposes on navigable

waters within parks, regardless of

ownership of submerged lands. The

revision clarifies that NPS regulations

continue to apply on navigable waters,

as they have for years. Two definitions,

‘‘park area’’ and ‘‘boundary,’’ are

modified by this revision. This

rulemaking clarifies and interprets

existing NPS regulatory intent, practices

and policies, and generally would not

place new or additional regulatory

controls on the public.

EFFECTIVE DATE: August 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Dennis Burnett, Ranger Activities

Division, National Park Service, P.O.

Box 37127, Washington, D.C. 20013–

7127, Telephone (202) 208–4874.

SUPPLEMENTARY INFORMATION:

Background

The NPS Organic Act of 1916 directs

the Secretary of the Interior and the NPS

to manage national parks and

monuments to ‘‘conserve the scenery

and the natural and historic objects and

the wild life therein and to provide for

the enjoyment of the same in such

manner and by such means as will leave

them unimpaired for the enjoyment of

future generations.’’ 16 U.S.C. § 1. The

organic act also grants the secretary the

authority to implement ‘‘rules and

regulations as he may deem necessary or

proper for the use and management of

the parks, monuments and reservations

under the jurisdiction of the National

Park Service.’’ 16 U.S.C. § 3. In the

Redwood Expansion Act of 1978,

Congress gave further direction to the

secretary to ensure that:

The authorization of activities shall be

construed and the protection, management

and administration of [NPS] areas shall be

conducted in light of the high public value

and integrity of the National Park System and

shall not be exercised in derogation of the

values and purposes for which these various

areas have been established, except as may

have been or shall be directly and

specifically provided by Congress. 16 U.S.C.

§ 1a–1.

In to general regulatory authority

delegated in 16 U.S.C. § 3, in 1976

Congress amended the 1970 Act for

Administration (known as the General

Authorities Act) and authorized NPS to

‘‘[p]romulgate and enforce regulations

concerning boating and other activities

on or relating to waters located within

areas of the National Park System,

including waters subject to the

jurisdiction of the United States.* * *’’

16 U.S.C. § 1a-2(h). ‘‘Waters subject to

the jurisdiction of the United States’’

include navigable waters. See, H. Rep.

No. 1569, 94th Cong., 2nd Sess., 4292

(1976). Under these authorities the NPS

has managed and regulated activities

occurring on and in the waters of the

National Park System.

Before 1966, NPS regulations for

boating, sanitation, and other water-use

regulations were scattered throughout

36 CFR parts 1 and 2. In 1966, NPS

published consolidated boating

regulations as 36 CFR part 3. The

regulations provided for the

enforcement of U.S. Coast Guard

regulations by NPS ‘‘on navigable

waters of the United States’’ located

within park boundaries (31 FR 16650).

In 1983, NPS moved water-use activity

regulations from part 2 to part 3 (48 FR

30290). In addition to regulations

generally applicable in all national park

areas, NPS has promulgated special

park-specific regulations that NPS

enforces on and in navigable waters

within the boundaries of particular

National Park System units. See, e.g., 36

CFR 7.45(f)-(h) (Everglades National

Park, Fishing and Boating); 36 CFR

7.38(b) (Isle Royale National Park,

Underwater diving); 36 CFR 7.83(a)

(Ozark National Scenic Riverways,

Boating); 36 CFR 13.65(b) (Glacier Bay

National Park, Vessel Management/

Whale protection).

Applicability and Scope Provision

In 1982–83 NPS undertook a

comprehensive review of general

regulations that apply in virtually all

NPS administered areas (47 FR 11598).

The applicability and scope provisions

adopted pursuant to the 1983

rulemaking included navigable waters.