[Federal Register Volume 60, Number 193 (Thursday, October 5, 1995)]
[Rules and Regulations]
[Pages 52103-52105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24528]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 110 and 165
[CGD 05-95-066]
Anchorage Grounds; Delaware River, Marcus Hook Range Channel,
Marcus Hook Anchorage (Anchorage 7), Mantua Creek Anchorage (Anchorage
9), and Deepwater Point Anchorage (Anchorage 6). Safety Zone; Delaware
River, Marcus Hook Range Channel
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone around
dredging operations in the Marcus Hook Range channel adjacent to
anchorage 7. To facilitate the rerouting of ship traffic through the
area, the Coast Guard is suspending a regulation that allows ships to
anchor for up to 48 hours in the Marcus Hook Anchorage (Anchorage 7),
Mantua Creek Anchorage (Anchorage 9 ), and Deepwater Point Anchorage
(Anchorage 6), and instituting temporary regulations governing these
anchorages. The safety zone is needed to protect vessels, the port
community and the environment from the hazards associated with dredging
operations in the Marcus Hook Range channel and to minimize temporary
port congestion during dredging operations. Entry into this zone is
prohibited unless authorized by the Captain of the Port, Philadelphia,
PA.
EFFECTIVE DATES: This rule is effective from 12:01 p.m., on September
20, 1995 until 6 a.m., on October 31, 1995.
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 U.S. Army
Corps of Engineers, Philadelphia District on August 30, 1995 that
dredging
[[Page 52104]]
operations would commence on September 15, 1995. 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 dredging
operations in the Marcus Hook Range channel.
Drafting Information
The drafters of this regulation are LTJG S.J. Kelly, project
officer for the Captain of the Port, Philadelphia, and LCDR J.C. Good,
project attorney, Fifth Coast Guard District.
Discussion of the Regulation
Upon request from the U.S. Army Corps of Engineers, the Coast Guard
is establishing a safety zone around dredging operations in the Marcus
Hook Range channel. Ship traffic through the Marcus Hook Range channel
will be diverted through anchorage 7 to reduce the hazards associated
with dredging of the channel. Anchorage restrictions in the Mantua
Creek and Deepwater Point Anchorages are being imposed to accommodate
those vessels that will be prevented from anchoring in Marcus Hook
Anchorage.
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. 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. 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), Reporting and
recordkeeping requirements, Security measures, Waterways.
Temporary 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, paragraph (b)(2), is suspended and a new
paragraph (d) is added to read as follows:
Sec. 110.157 Delaware Bay and River.
* * * * *
(d)(1) Except as otherwise provided in this section, no vessel
shall occupy any anchorage for a longer period than 48 hours without a
permit from the Captain of the Port. Vessels expecting to be at anchor
for more than 48 hours shall obtain a permit from the Captain of the
Port for that purpose. No vessel in such condition that it is likely to
sink or otherwise become a menace or obstruction to navigation or
anchorage of other vessels shall occupy an anchorage except in an
emergency, and then only for such period as may be permitted by the
Captain of the Port.
(2) Vessels anchoring in anchorage area 7 off Marcus Hook, as
described in paragraph (a)(8) of this section, shall obtain permission
from the Captain of the Port, Philadelphia, PA, at least 24 hours in
advance. Permission to anchor will be granted on a ``first-come, first-
served'' basis. Only one vessel, at any time, will be permitted to
anchor in the anchorage. Vessels will not be permitted to occupy the
anchorage for more than 12 hours.
(3) The following regulations apply to anchorage 6 off Deepwater
Point and anchorage 9 near the entrance to Mantua Creek, as described
in Sec. 110.157 (a)(7) and (a)(10), respectively, of this part:
(i) Vessels 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.
(ii) Vessels 700-750 feet in length shall have one (1) tug
alongside at all times while at anchor.
(iii) Vessels greater than 750 feet in length shall have two (2)
tugs alongside at all times while at anchor.
(iv) Tugs required for vessels at anchor must be of sufficient
horsepower to assist with necessary maneuvers to remain clear of the
navigation channel.
PART 165--[AMENDED]
3. 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.
4. A new Sec. 165.T05-066 is added to read as follows:
Sec. 165.T05-066 Safety Zone: Delaware River, Marcus Hook Range
Channel.
(a) Location: The following area is a moving safety zone: All
waters within a 150 yard radius of dredging operations in or near the
Marcus Hook Range channel in the vicinity of anchorage 7.
(b) Effective Dates: This rule is effective from 12:01 p.m., on
September 20, 1994 until 6 a.m., on October 31, 1995, unless terminated
sooner by the Captain of the Port, Philadelphia or his designated
representative.
(c) Regulations: The following regulations shall apply within the
safety zone.
(1) Entry into this zone is prohibited unless authorized by the
Captain of the Port, Philadelphia, PA.
(2) Vessels transiting the Marcus Hook Range 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 safe speed
necessary to maintain steerageway and reduce wake.
(3) The operator of any vessel in the safety zone shall proceed as
directed by the designated representative of the Captain of the Port,
Philadelphia, PA.
(4) The senior boarding officer enforcing the safety zone may be
contacted on VHF channels 13 & 16. The Captain of the Port,
Philadelphia and the Command Duty Officer at the
[[Page 52105]]
Marine Safety Office, Philadelphia, may be contacted at telephone
number (215) 271-4940.
(d) Definitions: The following definitions apply to this section:
Designated representative of the Captain of the Port means 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.
Dated: September 20, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-24528 Filed 10-4-95; 8:45 am]
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