[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Rules and Regulations]
[Pages 35132-35133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16893]


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DEPARTMENT OF TRANSPORTATION
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.

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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 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:


Sec. 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.

[[Page 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