[Federal Register Volume 60, Number 250 (Friday, December 29, 1995)]
[Rules and Regulations]
[Pages 67330-67332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31374]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Philadelphia, PA 95-087]
RIN 2115-AA97


Safety Zone Regulations: New Years Eve Fireworks: Delaware River, 
Philadelphia, PA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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[[Page 67331]]


SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
on the Delaware River between the Commodore Barry Bridge and Penn's 
Landing, Philadelphia, Pennsylvania during the transit of the Tug 
PURPLE HAYS with fireworks barges on December 31, 1995. 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 Tug PURPLE HAYS with barges loaded with 
explosives. Entry into this zone is prohibited without permission from 
the Captain of the Port.

EFFECTIVE DATE: This rule is effective from 4 p.m. to 11 p.m., December 
31, 1995.

FOR FURTHER INFORMATION CONTACT:
LTJG S.J. Kelly, Project Officer at the Captain of the Port, 
Philadelphia, (215) 271-4909.

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 Tug PURPLE HAYS on December 6, 1995 of the 
intended transit of the Tug PURPLE HAYS along the Delaware River 
between the Commodore Barry Bridge and Penn's Landing, Philadelphia, 
Pennsylvania. Publishing a NPRM and delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
protect the environment and vessel traffic against potential hazards 
associated with the transit of the Tug PURPLE HAYS and barges while 
loaded with fireworks.

    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: The circumstances requiring the 
regulation arise from the potential hazards associated with the 
transportation of fireworks on a barge in heavily trafficked areas 
of the Delaware River. The safety zone includes a specified area 
around the Tug PURPLE HAYS barges loaded with explosives while 
underway on the Delaware River between the Commodore Barry Bridge 
and Penn's Landing and while moored at Hay's Tug and Launch, 
Chester, PA. Performance Pyrotechnic Associates, Inc. submitted an 
application for a marine event to MSO/Group Philadelphia dated 
November 20, 1995, requesting permission to hold a fireworks display 
in conjunction with the New Years Eve Celebration. However, the 
Coast Guard was not notified of the exact circumstances surrounding 
the transport of explosive until December 10, 1995. This temporary 
safety zone is being established with transit of the barges. 
Additionally, as announced in a separate notice to be published in 
the Federal Register, special local regulations in 33 CFR 100.509 
will be in effect during the fireworks display.
    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 revised by 59 FR 38654; July 29, 
1994), this rule is categorically excluded from further environmental 
documentation.
    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 in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Security measures, 
Vessels, Waterways.

Regulation

    In consideration of the foregoing, Subpart C 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.T05-087 is added to read as follows:


Sec. 165.T05-087  Safety Zone: Delaware River, between Commodore Barry 
Bridge and Penn's Landing, Philadelphia, PA.

    (a) Location. A safety zone is established for:
    (1) All waters within an area which extends 500 yards on either 
side and 1000 yards ahead and astern of the Tug PURPLE HAYS and barges 
loaded with class 1.3 and 1.4 explosives while underway in the Delaware 
River, between the Commodore Barry Bridge and Penn's Landing, 
Philadelphia, PA.

    (2) All waters within a 200 yard radius of the Tug PURPLE HAYS and 
barges loaded with class 1.3 and 1.4 explosives while moored at Hay's 
Tug and Launch in Chester, PA.

    (b) Effective Date. This section is effective from 4 p.m. to 11 
p.m. December 31, 1995. 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: The following regulations shall apply within the 
safety zone.

    (1) No person or vessel may enter the safety zone without 
permission of the Captain of the Port or his designated representative.

    (2) As a condition of entry into the safety zone, the COTP or his 
designated representative may order that each vessel:

    (i) Maintain a continuous radio guard on channels 13 and 16 VHF-FM 
while underway;

    (ii) Not overtake the Tug PURPLE HAYS while underway on the 
Delaware River;

    (iii) Operate at a minimum no wake speed sufficient to maintain 
steerage while Tug PURPLE HAYS is moored at Hay's Tug and Launch, 
Chester, PA;

    (iv) Proceed as directed or stop the vessel immediately when 
directed to do so by the Captain of the Port or by his designated 
representative.

    (d) Designated COTP Representative: 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 & 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.


[[Page 67332]]

    Dated: December 15, 1995.
John E. Veentjer,
Captain U.S. Coast Guard, Captain of the Port, Philadelphia, PA.
[FR Doc. 95-31374 Filed 12-28-95; 8:45 am]
BILLING CODE 4910-14-M