[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