[Federal Register Volume 63, Number 198 (Wednesday, October 14, 1998)]
[Rules and Regulations]
[Pages 55027-55029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27574]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 110 and 165
[CGD05-98-084]
RIN 2115-AA98
Delaware River Safety Zone and Anchorage Regulations
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Army Corps of Engineers is dredging parts of the Delaware
River, including the Marcus Hook Range Ship Channel. Because of the
dredging operations, temporary additional requirements will be imposed
in Marcus Hook Anchorage (Anchorage 7), the Deepwater Point Anchorage
(Anchorage 6), and the Mantau Creek Anchorage (Anchorage 9). The Coast
Guard is also establishing a temporary moving safety zone around the
dredge vessel Essex that will be working in the Marcus Hook Range Ship
Channel adjacent to Anchorage 7.
EFFECTIVE DATES: Paragraph (b)(11) in 33 CFR 110.157 is effective from
October 6, 1998 until 6 a.m. on December 7, 1998. Section 165.T05-084
is effective from October 6, 1998 until 6 a.m. on December 7, 1998.
FOR FURTHER INFORMATION CONTACT: BMC R. L. Ward, Project Officer, U.S.
Coast Guard Captain of the Port, 1 Washington Ave., Philadelphia, PA
19147-4395, Phone: (215) 271-4888.
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. U.S. Army Corps of Engineers,
Philadelphia District, informed the Coast Guard on September 22, 1998
that dredging operations would commence on October 6, 1998. Publishing
a NPRM and delaying its effective date would be contrary to the public
interest, since immediate action is needed to protect mariners against
potential hazards associated with the dredging operations in the Marcus
Hook Range Ship Channel and to modify the anchorage regulations to
facilitate vessel traffic.
Background and Purpose
The U.S. Army Corps of Engineers (ACOE) notified the Coast Guard
that it needed to conduct dredging operations on the Delaware River, in
the vicinity of the Marcus Hook Range Ship Channel. The dredging is
needed to maintain the project depth of the channel. Similar dredging
was conducted in 1995, 1996, and 1997. This period of dredging began
October 6, 1998 and is anticipated to end on December 7, 1998.
The reduce the hazards associated with dredging the channel, vessel
traffic that would normally transit through the Marcus Hook Range Ship
Channel will be diverted through part of Anchorage 7, reducing
available anchorage space by approximately one half. Vessels will
continue to be allowed to anchor in available parts of Anchorage 7
during the dredging operations; however, permission to anchor must be
obtained from the Captain of the Port, who will identify those parts of
Anchorage 7 that are expected to be available.
For the protection of mariners transiting in the vicinity of
dredging operations, the Coast Guard is also establishing a moving
safety zone around the dredging vessel Essex. The safety zone will
ensure mariners remain a safe distance from the dredging equipment that
could potentially be dangerous.
Discussion of the Regulation
Section 110.157(b)(2) allows vessels to anchor for up to 48 hours
in the anchorages listed in 110.157(a), which includes Anchorage 7.
However, because of the limited anchorage space available in Anchorage
7, the Coast
[[Page 55028]]
Guard is adding a temporary paragraph 33 CFR 110.157(b)(11) to provide
additional requirements and restrictions on vessels utilizing Anchorage
7. During the effective period, vessels desiring to use Marcus Hook
Anchorage (7) must obtain permission from the Captain of the Port
Philadelphia at least 24 hours in advance. The Captain of the Port will
permit only one vessel at a time to anchor in Anchorage 7 and will
grant permission on a ``first come, first serve'' basis. A vessel will
be directed to a location within Anchorage 7 where it may anchor, and
will not be permitted to remain in the Anchorage 7 for more than 12
hours.
The Coast Guard expects that vessels normally permitted to anchor
in Anchorage 7 will use Anchorage 6 off Deepwater Point or Anchorage 9
near the entrance to Mantau Creek, because they are the closest
anchorage to Anchorage 7. To control access to Anchorage 7, the Coast
Guard is requiring that any vessel desiring to anchor in Anchorage 7
obtain advance permission from the Captain of the Port. To control
access to Anchorages 6 and 9, the Coast Guard is requiring that any
vessel 700 feet or greater in length obtain advance permission from the
Captain of the Port before anchoring. The Coast Guard is also concerned
that the holding ground in Anchorages 6 and 9 is not as good as in
Anchorage 7. Therefore, a vessel 700 to 750 feet in length is required
to have one tug standing alongside while at anchor, and a vessel of
over 750 feet in length must have two tugs standing alongside. The
tug(s) must have sufficient horsepower to prevent a vessel from
swinging into the channel if necessary.
The Coast Guard is also establishing a moving safety zone within a
150-year radius of the dredging operations being conducted in the
Marcus Hook Range Ship Channel in the vicinity of Anchorage 7 by the
dredge vessel Essex. The safety zone will protect mariners transiting
the area from the potential hazards associated with dredging
operations. Vessels transiting the Marcus Hook Range Ship Channel will
have to divert from the main ship channel through Anchorage 7, and must
operate at the minimum safe speed necessary to maintain steerage and
reduce wake. No vessel may enter the safety zone unless it receives
permission from the Captain of the Port.
Regulatory Evaluation
This rule 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. The
Office of Management and Budget has exempted it from review 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. Although this regulation requires certain vessels to have
at least one tug alongside while at anchor, the requirement only
applies to vessels 700 feet or greater in length that are anchored in
Anchorages 6 and 9. Vessels anchoring in Anchorage 7 are not required
to have assist tugs alongside. Alternate anchorages, such as Anchorage
A (Breakwater) and Anchorage 1 (Big Stone) in Delaware Bay, are also
reasonably close and generally available. Vessels anchoring in
Anchorages A and 1 are typically not required to have tug alongside.
Furthermore, few vessels 700 feet or greater are expected to enter the
port during the effective period. The majority of vessels expected are
less than 700 feet and thus will not be required to have tugs
alongside. The Captain of the Port, Philadelphia will direct anchoring
of vessels so as not to significantly impede traffic flow in the
vicinity of the dredging operations.
Environment
The Coast Guard considered the environmental impact of this
temporary rule and concluded that under figure 2-1, paragraphs (34)(f)-
(g), of Commandant Instruction M16475.1C, this rule is categorically
excluded from further environmental documentation. Regulations that
affect anchorage grounds and establish safety zones are excluded under
that authority.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism Assessment
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that this temporary final rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
List of Subjects
33 CFR Part 110
Anchorage grounds.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Security measures,
Vessels, waterways.
Regulation
In consideration of the foregoing, the Coast Guard amends 33 CFR
part 110 and CFR part 165 as follows:
PART 110--[AMENDED]
1. The authority citation for part 110 continues to read as
follows:
Authority: 33 U.S.C. 471, 2030, 2035, and 2071; 49 CFR 1.46 and
33 CFR 1.05-1(g). Section 110.1a and each section listed in 110.1a
is also issued under 33 U.S.C. 1223 and 1231.
2. In Sec. 110.157, a new temporary paragraph (b)(11) is added to
read as follows:
Sec. 110.157 Delaware Bay and River.
* * * * *
(b) * * *
(11) In addition to the requirements and restrictions of paragraph
(b)(2), the provisions of this paragraph apply to the anchorages in
paragraphs (a)(7), (a)(8), and (a)(10).
(i) Prior to anchoring in Anchorage 7 off Marcus Hook, as described
in paragraph (a)(8) of this section, a vessel must first obtain
permission from the Captain of the Port, Philadelphia, at least 24
hours in advance of arrival. Permission to anchor will be granted on a
``first-come, first-serve'' basis. The Captain of the Port will allow
only one vessel at a time to anchor in Anchorage 7, and no vessel may
remain within Anchorage 7 for more than 12 hours.
(ii) For Anchorage 6 as described in paragraph (a)(7) of this
section, and Anchorage 9 as described in paragraph (a)(10) of this
section.
(A) Any vessel 700 feet or greater in length requesting anchorage
shall obtain permission from the Captain of the Port, Philadelphia, PA
at least 24 hours in advance.
(B) Any vessel from 700 to 750 feet in length shall have on tug
alongside at all times while the vessel is at anchor.
(C) Any vessel greater than 750 feet in length shall have two tugs
alongside at all times while the vessel is at anchor.
(D) The master, owner, or operator of a vessel at anchor shall
ensure that any tug(s) required by this section is of sufficient
horsepower to assist with necessary maneuvers to keep the vessel clear
of the navigation channel.
(iii) Captain of the Port of COTP means the Captain of the Port,
Philadelphia, Pennsylvania or any Coast Guard commissioned, warrant, or
petty officer authorized to act on his behalf.
[[Page 55029]]
(iv) This paragraph is effective from October 6, 1998 until 6 a.m.
on December 7, 1998.
* * * * *
PART 165--[AMENDED]
3. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1225 and 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.
4. A new Sec. 165.T05-084 us added to read as follows:
Sec. 165.T05-085 Safey Zone: Delaware River, Marcus Hook Range Ship
Channel.
(a) Location: The following area is a safety zone: All waters
within 150 yards of the dredging vessel Essex operating in or near the
Marcus Hook Range Ship Channel in the vicinity of Anchorage 7.
(b) Effective Dates: This section is effective from October 6, 1998
until 6 a.m. on December 7, 1998.
(c) Regulations: The following regulations shall apply within the
safety zone.
(1) In accordance with the general regulations in Sec. 165.23,
entry into this safety zone is prohibited unless authorized by the
Captain of the Port. The general requirements of Sec. 165.23 also apply
to this regulation.
(2) The operator of any vessel in the safety zone shall proceeded
as directed by the Captain of the Port.
(3) The Coast Guard vessel enforcing the safety zone may be
contacted on channels 13 and 16 VHF-FM. The Captain of the Port,
Philadelphia may be contacted at telephone number (215) 271-4940.
(d) Captain of the Port or COTP means The Captain of the Port,
Philadephia, Pennsylvania or any Coast Guard commissioned, warrant, or
petty officer authorized to act on his behalf.
Dated October 1, 1998.
Roger T. Rufe,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 98-27574 Filed 10-13-98; 8:45 am]
BILLING CODE 4910-15-M
