[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Rules and Regulations]
[Pages 31340-31341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14971]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD 05-97-040]
RIN 2115-AA97
Safety Zone: Delaware Bay, Delaware River
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Delaware Bay and Delaware River between the Delaware Breakwater and
Marcus Hook, Pennsylvania. 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 transit of
the T/V EEKLO while it is loaded with more than 2% of its cargo
carrying capacity of Liquified Hazardous Gas.
DATES: This rule is effective from 11:59 p.m. May 31, 1997, and
terminates at 11:59 p.m. June 10, 1997.
FOR FURTHER INFORMATION CONTACT:
LTJG C. M. Savarese, Project Officer
c/o U.S. Coast Guard Captain of the Port, 1 Washington Avenue,
Philadelphia, PA 19147-4395, Phone: (215) 271-4889.
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 EEKLO on May 29, 1997 of the intended transit
of the T/V EEKLO 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 EEKLO while it is loaded with Liquefied Hazardous
Gas.
Discussion of the Regulation
This temporary rule establishes a safety zone in a specified area
around the T/V EEKLO while underway in the loaded condition and during
cargo operations. The safety zone will be in effect during the T/V
EEKLO's transit of the Delaware Bay and Delaware River and during cargo
operations at the Sun Refining and Marketing Refinery terminal on the
Delaware River, at Marcus Hook, Pennsylvania. This temporary rule is
intended to minimize the potential hazards associated with the
transportation of Liquefied Hazardous Gas by a large tankship in
heavily trafficked areas of the Delaware Bay and Delaware River as well
as in the Ports of Philadelphia. Entry into this zone is prohibited
unless authorized by the Captain of the Port, Philadelphia, PA. The
Captain of the Port may impose certain restrictions on vessels allowed
to enter the safety zone.
Regulatory Evaluation
This temporary 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. 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
[[Page 31341]]
the Department of Transportation (DOT) (44 CFR 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.
Collection of Information
This temporary 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.
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 59 FR 38654; July 29,
1994), this rule is categorically excluded from further environmental
documentation.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways. In consideration of
the foregoing, the Coast Guard amends 33 CFR 165 as follows:
PART 165--[AMENDED]
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.
3. A new temporary section 165.T05-040 is added to read as follows:
Sec. 165.T05-040 Safety Zone: Delaware Bay and Delaware River from the
Delaware Breakwater to Marcus Hook, PA.
(a) Location: The following area is a safety zone: (1) All waters
within an area which extends 500 yards on either side and 1000 yards
ahead and astern of the T/V EEKLO while the vessel is in the loaded
condition and underway in the area of the Delaware River and Delaware
Bay bounded by the Sun Refining and Marketing Refinery terminal on the
Delaware River, at Marcus Hook, Pennsylvania and the Delaware
Breakwater.
(2) All waters within a 200 yd radius of the T/V EEKLO while it is
moored at the Sun Refining and Marketing Refinery terminal on the
Delaware River, at Marcus Hook, Pennsylvania.
(b) Effective Dates: This rule is effective from 11:59 p.m. May 31,
1997, and terminates at 11:59 p.m. June 10, 1997.
(c) Definitions: (1) 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. (2) Loaded Condition
means loaded with LHG that exceeds 2% of the vessel's cargo carrying
capacity.
(d) No vessel may enter the safety zone unless its operator obtains
permission of the Captain of the Port or his designated representative.
(e) As a condition of entry, the COTP may order that: (1) All
vessels operating within the safety zone must maintain a continuous
radio guard on channels 13 and 16 VHF-FM while underway; (2) Overtaking
may take place only under conditions where overtaking is to be
completed well before any bends in the channel. Before any overtaking,
the pilots, masters, and operators of both vessels must clearly agree
on all factors including speeds, time, and location of overtaking. (3)
On the Delaware River, the T/V EEKLO and an oncoming vessel shall not
meet at a relative speed greater than twenty (20) knots, or greater
than prevailing weather conditions make prudent. Meeting situations on
river bends shall be avoided.
(4) The operator of any vessel in the safety zone shall proceed as
directed by the Captain of the Port or by his designated
representative.
(f) The senior boarding officer 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.
Dated: May 30, 1997.
John E. Veentjer,
Captain, U.S. Coast Guard, Captain of the Port, Philadelphia, PA.
[FR Doc. 97-14971 Filed 6-6-97; 8:45 am]
BILLING CODE 4910-14-M
