[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Rules and Regulations]
[Pages 55167-55168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28101]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 110 and 165
[CGD 05-97-076]
RIN 2115-AA98
Delaware River Safety Zone and Anchorage Regulations
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Army Corps of Engineers has begun 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 Mantua 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 2, 1997 until 6 a.m. on December 20, 1997. Section 165.T05-076
is effective from October 2, 1997 until 6 a.m. on December 20, 1997.
FOR FURTHER INFORMATION CONTACT:
LT S.A. Budka, Project Officer, U.S. Coast Guard Captain of the Port, 1
Washington Ave., Philadelphia, PA 19147-4395, Phone: (215) 271-4889.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553(b)(3) and 5
U.S.C. 553(d), 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 U.S. Army Corps of Engineers, Philadelphia
District on September 26, 1997 that dredging operations would commence
on October 2, 1997. Publishing a NPRM and delaying its effective date
would be contrary to the public interest, since immediate action is
needed to protect mariners from 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 and 1996. This period of dredging began October
2, 1997 and is anticipated to end on December 20, 1997.
To 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 that 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 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 (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 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 Mantua Creek, because they are the closest
anchorages to Anchorage 7. To control access to Anchorage 7, the Coast
Guard is requiring a 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 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 yard 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 are
required 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
[[Page 55168]]
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.
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 tugs 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
proposal and concluded that under section 2.B.2.e. of Commandant
Instruction M16475.1B (as revised by 59 FR 38654; July 29, 1994), this
rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination statement has been
prepared and placed in the rulemaking docket.
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
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
110 and 33 CFR 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 on 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 will direct the
vessel to a location in which the vessel may anchor. 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 one 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 a 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) Definitions: Captain of the Port or COTP means the Captain of
the Port, Philadelphia, Pennsylvania or any Coast Guard commissioned,
warrant, or petty officer authorized to act on his behalf.
(iv) Effective Dates: This paragraph is effective from October 2,
1997 until 6 a.m. on December 20, 1997.
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 Section 165.T05-076 is added to read as follows:
Sec. 165.T05-076 Safety Zone: Delaware River, Marcus Hook Range Ship
channel.
(a) Location: The following area is a safety zone: All waters
within a 150 yard radius 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 regulation is effective from October 2,
1997 until 6 a.m. on December 20, 1997.
(c) Regulations: The following regulations shall apply within the
safety zone.
(1) In accordance with the general regulations in Section 165.23,
entry into this safety zone is prohibited unless authorized by the
Captain of the Port. The general requirements of sections 165.23 also
apply to this regulation.
(i) Vessels transiting the Marcus Hook Range Ship Channel shall
divert from the main ship channel through Anchorage 7, remain at least
150 yards from the dredging operations, and operate at a minimum safety
speed necessary to maintain steerageway and reduce wake.
(2) The operator of any vessel in the safety zone shall proceed as
directed by the Captain of the Port.
(3) The Coast Guard vessel enforcing the safety zone may be
contacted on channel 13 and 16 VHF-FM. The Captain of the Port,
Philadelphia may be contacted at telephone number (215) 271-4940.
(d) Definitions: Captain of the Port or COTP means the Captain of
the Port, Philadelphia, Pennsylvania or any Coast Guard commissioned,
warrant, or petty officer authorized to act on his behalf.
Dated: October 1, 1997.
Roger T. Rufe,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 97-28101 Filed 10-22-97; 8:45 am]
BILLING CODE 4910-14-M
