[Federal Register Volume 61, Number 217 (Thursday, November 7, 1996)]
[Proposed Rules]
[Pages 57599-57602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28653]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD 05-96-010]
RIN 2115-AE84


Regulated Navigation Area; Delaware Bay and River, Salem River, 
Christina River, and Schuylkill River

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to amend its regulations 
governing a regulated navigation area on the Delaware Bay and River. 
The proposed changes would extend the applicability of the regulated 
navigation area to include the Salem, Christina, and

[[Page 57600]]

Schuylkill Rivers between Trenton, NJ, and the Delaware Breakwater. The 
proposed changes would also institute new regulations governing vessel 
movement within the expanded regulated navigation area. Many of these 
requirements were previously imposed on a case-by case basis through 
issuance of temporary rules and Captain of the Port Orders. The Coast 
Guard believes that the proposed changes would increase public 
awareness and improve navigation safety within the regulated navigation 
area.

DATES: Comments must be received on or before February 5, 1997.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Marine Safety 
Office (VWO), 1 Washington Avenue, Philadelphia, PA 19147-4395. The 
comments and other materials referenced in this notice will be 
available for inspection and copying at the Marine Safety Office, 
Philadelphia, PA during normal office hours between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Comments may also 
be hand delivered to this address.

FOR FURTHER INFORMATION CONTACT: LT Robert Hennessy, Assistant Chief, 
Port Operations Department (ACPOD), at the Marine Safety Office 
Philadelphia, PA, or by telephone at (215) 271-4883.

SUPPLEMENTARY INFORMATION: Interested persons are invited to 
participate in this rulemaking by submitting written views, data or 
arguments. Receipt of comments will be acknowledged if a stamped self-
addressed postcard is enclosed. Persons submitting comments should 
include their names and addresses, identify this notice (CGD 05-96-010) 
and the specific section of the proposal to which the comments apply, 
and give reasons for each comment. The Coast Guard specifically seeks 
comments on the proposed operational restrictions. Although not 
proposed at this time, the Coast Guard also seeks comments on a 
possible requirement that vessels carrying dangerous cargos on the 
Delaware River above the C&D Canal be escorted by a Coast Guard vessel 
in addition to a commercial tug escort.
    The Coast Guard will consider all comments received during the 
comment period and may change this proposal in view of the comments. No 
public hearing is planned, but one may be held if written requests for 
a hearing are received and it is determined that the opportunity to 
make oral presentations will aid in the rulemaking process.

Discussion of Proposed Rule

    This proposed rule is part of an overall safety program implemented 
by the Captain of the Port, Philadelphia, PA to enhance the safe 
transportation of certain dangerous cargos as defined in 33 CFR 160.203 
(a-e) in the Captain of the Port zone.
    Existing 33 CFR 165.510 establishes a regulated navigation area for 
the waters of the Delaware Bay and Delaware River south of the Delaware 
Memorial Bridge. It prohibits a vessel with a draft of greater than 55 
feet from entering the regulated navigation area. It also prohibits oil 
transfer operations within the regulated navigation area except within 
specified anchorage grounds or with the authorization of the Captain of 
the Port. The Coast Guard proposes to expand the regulated navigation 
area, apply it when vessels transit with dangerous cargos, and impose 
operational restrictions on vessels operating within the regulated 
navigation area.
    Several waterfront facilities within the Philadelphia Captain of 
the Port (COTP) zone conduct cargo operations with vessels that carry 
dangerous cargos listed in 33 CFR 160.203 (a)-(e). These facilities are 
the Sun Refining and Marketing Company, on the Delaware River, at 
Marcus Hook, PA; the Sun Refining and Marketing Company Girard Point 
Wharf, on the Schuylkill River, at Philadelphia, PA; the Atlantic 
Marine Terminal, on the Delaware River, at Fairless Hills, PA; the 
Dupont Gibbstown facility on the Delaware River, at Gibbstown, NJ; the 
Coastal Eagle Point Refinery, on the Delaware River, at West Deptford, 
NJ; the Mid-Atlantic Shipping Terminal, on the Salem River, at Salem, 
NJ; the Port of Salem Terminal, on the Salem River, at Salem, NJ; and 
the Port of Wilmington Terminal, on the Christina River, at Wilmington, 
DE. Vessels routinely transit to and from these facilities. The 
proposed rule would extend the regulated navigation area to include the 
navigable waters of the Delaware Bay and the Delaware, Salem, 
Christina, and Schuylkill Rivers from Cape May and Harbor of Refuge 
Lights, north to Cape Henlopen, and on the Delaware River north to the 
U.S. Route 1 Bridge between Trenton, NJ and Morrisville, PA.
    In the past, the Captain of the Port, Philadelphia, established a 
temporary safety zone whenever a vessel carrying a specified dangerous 
cargo transited the area. The temporary safety zone regulations 
routinely prohibited entry into the waters surrounding the vessel and 
facility without specific permission from the Coast Guard. The COTP 
would then impose operating restrictions, similar to the measures 
contained in this proposed rule, as a condition of entry into the 
safety zone. These temporary rules were often issued on short notice 
and, as a result, were not published in the Federal Register or 
codified in the Code of Federal Regulations.
    To avoid the need to issue temporary rules and improve the public's 
knowledge of potential restrictions on navigation, the Coast Guard is 
proposing several amendments to 33 CFR 165.510. Definitions routinely 
included in each temporary rule are included in the proposed rule. The 
proposed rule would apply to all vessels operating in the regulated 
navigation area, except vessels engaged in law enforcement, servicing 
aids to navigation, or surveying, maintaining or improving the 
waterways (e.g., dredges and survey vessels). The 55-foot draft 
limitation would be retained, but a note would be added to indicate 
that the projected depth of the Delaware River is 40 feet. Oil transfer 
operations would continue to be prohibited within the regulated 
navigation area except within designated anchorage grounds or with 
permission of the COTP.
    Additional operational requirements or restrictions are proposed 
both for vessels carrying dangerous cargos and for vessels operating in 
the vicinity of vessels carrying dangerous cargos. The master, owner, 
or operator of a vessel carrying dangerous cargo would be required to 
give notice to the COTP at least 72 hours before entering or departing 
the regulated navigation area, and at least 12 hours before any vessel 
movement within the regulated navigation area. The required notice 
would include a report of the vessel's propulsion and machinery status 
and any outstanding deficiencies identified by the flag state or 
classification society.
    A vessel carrying dangerous cargo would be prohibited from 
transiting within the regulated navigation area if visibility is or is 
expected to be less than two nautical miles. Anchoring would be 
permitted only in an emergency or upon COTP approval. Unless the vessel 
has two separate and independent steering control systems with 
duplicate pilot house steering gear controls, the master, owner, or 
operator would be required to maintain a manned watch within the 
steering gear compartment during any transit within the regulated 
navigation area. While at anchor, the master, owner, or operator would 
be required to have the engines in a condition that full power would be 
available within five minutes whenever sustained winds

[[Page 57601]]

exceeded 25 knots. If sustained winds reach 40 knots or more, the 
vessel's main engines must be on line. Each vessel would be required to 
have emergency towing gear rigged while underway, at anchor, or moored. 
Transfer of dangerous cargo would also be prohibited while a vessel is 
at anchor or bunkering.
    Operational restrictions would also be imposed on vessels operating 
in the vicinity of a vessel carrying dangerous cargo. While a vessel 
carrying dangerous cargo is underway, no vessel would be permitted 
within 500 yards of either side or within 1000 yards of the bow or 
stern without permission of the COTP. No vessel would be allowed within 
100 yards of a moored or anchored vessel carrying dangerous cargo. 
Commercial vessels attending a vessel carrying dangerous cargo would be 
allowed to transit within this area with permission from the master of 
the vessel carrying dangerous cargo. If permitted to enter, the vessel 
would be required to maintain a continuous radio guard, operate at a 
``no wake'' speed or the minimum speed to maintain steerage, and to 
proceed as otherwise directed by the COTP. No vessel would be permitted 
to overtake a vessel carrying dangerous cargo unless the overtaking 
could be complete before reaching any bends in the channel and the 
masters or operators of both vessels clearly agree on arrangements for 
the overtaking.
    Specific restrictions are also proposed for vessels operating above 
the C&D Canal. A vessel carrying dangerous cargo would be required to 
have a tug escort. A vessel carrying dangerous cargo and an oncoming 
vessel would be prohibited from meeting at a relative speed greater 
than prudent under the prevailing weather conditions or 20 knots, 
whichever is less. To the maximum extent possible, vessel masters or 
operators would be required to avoid meeting situations on river bends.
    The proposed rule includes a provision that the COTP will announce 
scheduled movements of vessels carrying dangerous cargos via Broadcast 
Notices to Mariners. This will not only alert the maritime public that 
restrictions will be in effect, but it will also allow mariners to plan 
activities to minimize the impact of the proposed restrictions.

Regulatory Evaluation

    This proposal 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 practice of establishing a safety zone around a vessel 
loaded with certain dangerous cargos, notably explosives and Liquefied 
Petroleum Gas, has been in effect for many years. Small and large 
companies with vessels operating in Philadelphia are aware of scheduled 
transits of vessels loaded with dangerous cargos and adjust their 
vessel movements to minimize any economic impact. The proposed 
restrictions have been implemented on a case-by-case basis in the form 
of Captain of the Port Orders or temporary safety zones for each 
transit. By establishing a permanent rule the Coast Guard will achieve 
economies in manpower and administrative time, provide the Port of 
Philadelphia with the widest dissemination of these precautionary 
measures, and minimize the potential dangers of these movements to the 
port community. Since this regulated navigation area is not expected to 
unduly impede the flow of traffic, the impact of these proposed 
regulations is expected to be minimal, and the Coast Guard believes 
that this proposal, if adopted, will have only minimal economic impact.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include (1) Small businesses and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields and (2) governmental jurisdictions 
with populations of less than 50,000. This proposal would simplify the 
existing practice of instituting temporary safety zones for the passage 
of each vessel carrying dangerous cargo and is not expected to unduly 
impede the flow of vessel traffic. Therefore, the Coast Guard certifies 
under 5 U.S.C. 605(b) that this proposal, if adopted, will not have a 
significant economic impact on a substantial number of small entities. 
If, however, you think that your business or organization qualifies as 
a small entity and that this proposal will have a significant economic 
impact on your business or organization, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and in what way and to 
what degree this proposal will economically affect it.

Collection of Information

    This proposal contains no collection-of-information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    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.

Environmental Impact

    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 61 FR 13563; March 27, 1996), this 
rule is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination Statement has been 
prepared and place in the rulemaking docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    In consideration of the foregoing, the Coast Guard proposes to 
amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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), 
6.04-6, and 160.5; 49 CFR 1.46.

    2. Section 165.510 is revised to read as follows:


Sec. 165.510   Delaware Bay and River, Salem River, Christina River and 
Schuylkill River-Regulated Navigation Area.

    (a) Regulated Navigation Area. The following is a Regulated 
Navigation Area: The navigable waters of Delaware Bay and River, Salem 
River, Christina River, and Schuylkill River, in an area bounded on the 
south by a line drawn across the entrance to the Delaware Bay between 
Cape May Lighthouse and Harbor of Refuge Light and then continuing to 
the northernmost extremity of Cape Henlopen, and

[[Page 57602]]

bounded on the north by a line drawn across the Delaware River between 
Trenton, NJ and Morrisville, PA along the southern side of the U.S. 
Route 1 Bridge.
    (b) Definitions. As used in this section:
    COTP means the Captain of the Port, Philadelphia, PA and any Coast 
Guard commissioned, warrant or petty officer who has been authorized by 
the COTP to act on his or her behalf.
    Dangerous cargo means those cargos listed in Sec. 160.203 of this 
chapter when carried in bulk.
    Underway means that a vessel is not at anchor, made fast to the 
shore, or aground.
    (c) Applicability. This section applies to any vessel operating 
within the Regulated Navigation Area, including a naval or public 
vessel, except a vessel engaged in:
    (1) Law enforcement;
    (2) Servicing aids to navigation; or
    (3) Surveying, maintaining, or improving waters within the 
Regulated Navigation Area.
    (d) Draft limitation. Unless otherwise authorized by the COTP, no 
vessel with a draft greater than 55 feet may transit within the area 
between the southern boundary of this regulated navigation area and the 
southern span of the Delaware Memorial Bridge.

    Note: The projected depth of the navigational channels of the 
Delaware River is 40 feet.

    (e) Oil transfer operations. Unless otherwise authorized by the 
COTP, no vessel may conduct oil transfer operations within the area 
between the southern boundary of this regulated navigation area and the 
southern span of the Delaware Memorial Bridge except within the 
anchorage ground designated in Sec. 110.157(a)(1) of this chapter.
    (f) Requirements for vessels carrying dangerous cargos. The master, 
owner, or operator of a vessel carrying a dangerous cargo listed in 
Sec. 160.203 of this chapter shall:
    (1) Notify the COTP at least 72 hours before the vessel enters or 
departs the regulated navigation area and at least 12 hours before the 
vessel moves within the regulated navigation area. The notice must 
include a report of the vessel's propulsion and machinery status and 
any outstanding deficiencies identified by the vessel's flag state or 
classification society;
    (2) Not enter, get or remain underway within the regulated 
navigation are if visibility is or is expected to be less than two (2) 
miles. If during the transit visibility becomes less than two (2) 
miles, the vessel must seek safe anchorage and notify the COTP 
immediately;
    (3) Not anchor in any area within the regulated navigation area 
unless in times of emergency or with COTP permission;
    (4) Not transfer dangerous cargo while the vessel is at anchor or 
bunkering;
    (5) Maintain a manned watch in the steering compartment whenever 
the vessel is underway within the regulated navigation area unless the 
vessel has two separate and independent steering control systems with 
duplicate pilothouse steering gear control systems which meet the 
requirements of 46 CFR 58.25-55;
    (6) When anchored within the regulated navigation area and:
    (i) Sustained winds are greater than 25 knots but less than 40 
knots, ensure the main engines are ready to provide full power in five 
minutes or less; and
    (ii) Sustained winds are 40 knots or over, ensure that the main 
engines are on line to immediately provide propulsion;
    (7) While moored within the regulated navigation area, ensure that 
at least two wire cable mooring lines (firewarps) are rigged and ready 
for use as emergency towing hookups fore and aft on the outboard side 
of the vessel;
    (8) While underway or anchored within the regulated navigation 
area, ensure that at least two wire cable mooring lines (firewarps) are 
rigged and ready for use as emergency towing hookups fore and aft on 
the vessel; and,
    (9) Proceed as directed by the COTP.
    (g) Requirements for vessels operating in the vicinity of a vessel 
carrying dangerous cargos. (1) Except for a vessel that is attending a 
vessel carrying dangerous cargo with permission from the master of the 
vessel carrying dangerous cargo or a vessel that is anchored or moored 
at a marina, wharf, or pier, and which remains moored or at anchor, no 
vessel may, without the permission of the COTP:
    (i) Come or remain within 500 yards of the port or starboard side 
or within 1000 yards of the bow or stern of an underway vessel that is 
carrying dangerous cargo; or
    (ii) Come or remain within 100 yards of a moored or anchored vessel 
carrying dangerous cargo.
    (2) The master, owner, or operator of any vessel receiving 
permission under paragraph (g)(1) of this section shall:
    (i) Maintain a continuous radio guard on VHF-FM channels 13 and 16;
    (ii) Operate at ``no wake'' speed or the minimum speed needed to 
maintain steerage, whichever is less; and
    (iii) Proceed as directed by the COTP.
    (3) No vessel may overtake a vessel carrying dangerous cargos 
unless the overtaking can be completed before reaching any bend in the 
channel. Before any overtaking, the pilots, masters or operators of 
both the overtaking vessel and the vessel being overtaken must clearly 
agree on the circumstances of the overtaking, including vessel speeds, 
time and location of overtaking.
    (h) Additional restrictions above the C&D Canal. When operating on 
the Delaware River above the C&D Canal:
    (1) A vessel carrying dangerous cargo must be escorted by at least 
one commercial tug; and
    (2) A vessel carrying dangerous cargo and an oncoming vessel shall 
not meet at a relative speed greater than prudent under the prevailing 
weather conditions or 20 knots, whichever is less. Meeting situations 
shall be avoided on river bends to the maximum extent possible.
    (i) The COTP will issue a Broadcast Notice to Mariners to inform 
the marine community of scheduled vessel movements during which the 
restrictions imposed by paragraphs (g) and (h) of this section will be 
in effect.

    Dated: October 7, 1996.
Kent H. Williams,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 96-28653 Filed 11-6-96; 8:45 am]
BILLING CODE 4910-14-M