[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Rules and Regulations]
[Pages 39445-39446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19405]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD 05-97-058]
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
Westville, New Jersey. This temporary 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 LINGEGAS while it is loaded with more than 2% of its cargo
carrying capacity of Liquefied Hazardous Gas.
EFFECTIVE DATE: This rule is effective from 11:59 p.m. July 12, 1997,
and terminates at 11:59 p.m. July 25, 1997.
FOR FURTHER INFORMATION CONTACT:
Lt. S. A. Budka, 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 LINGEGAS on July 9, 1997 of the intended
transit of the T/V LINGEGAS 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 LINGEGAS 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 LINGEGAS while underway in the loaded condition and
during cargo operations. The safety zone will be in effect during the
T/V LINGEGAS' transit of the Delaware Bay and Delaware River and during
cargo operations at the Coastal Eagle Point Refinery on the Delaware
River, at Westville, New Jersey. 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
[[Page 39446]]
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 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 10(e) 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
recordkeeping requirements, Security measures, Waterways.
Regulation
In consideration of the foregoing, the Coast Guard amends 33 CFR
part 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.
2. Section 165.T05-058 is added to read as follows:
Sec. 165.T05-058 Safety Zone: Delaware Bay and Delaware River from the
Delaware Breakwater to Westville, NJ.
(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 LINEGAS while the
vessel is in the loaded condition and underway in the area of the
Delaware River and Delaware Bay bounded by the Coastal Eagle Point
Refinery on the Delaware River, at Westville, NJ and the Delaware
Breakwater.
(2) All waters within a 200 yd radius of the T/V LINEGAS while it
is moored at the Coastal Eagle Point Refinery on the Delaware River, at
Westville, NJ.
(b) Effective Dates: This rule is effective from 11:59 p.m. July
12, 1997, and terminates at 11:59 p.m. July 25, 1997, unless terminated
sooner by the Captain of the Port, Philadelphia.
(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) Meeting situations on river bends shall be avoided to the
maximum extent possible.
(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 & 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: July 11, 1997.
John E. Veentjer,
Captain, U.S. Coast Guard, Captain of the Port, Philadelphia, PA.
[FR Doc. 97-19405 Filed 7-22-97; 8:45 am]
BILLING CODE 4910-14-M