[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
