[Federal Register Volume 63, Number 198 (Wednesday, October 14, 1998)]
[Rules and Regulations]
[Pages 55027-55029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27574]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD05-98-084]
RIN 2115-AA98


Delaware River Safety Zone and Anchorage Regulations

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Army Corps of Engineers is dredging parts of the Delaware 
River, including the Marcus Hook Range Ship Channel. Because of the 
dredging operations, temporary additional requirements will be imposed 
in Marcus Hook Anchorage (Anchorage 7), the Deepwater Point Anchorage 
(Anchorage 6), and the Mantau Creek Anchorage (Anchorage 9). The Coast 
Guard is also establishing a temporary moving safety zone around the 
dredge vessel Essex that will be working in the Marcus Hook Range Ship 
Channel adjacent to Anchorage 7.

EFFECTIVE DATES: Paragraph (b)(11) in 33 CFR 110.157 is effective from 
October 6, 1998 until 6 a.m. on December 7, 1998. Section 165.T05-084 
is effective from October 6, 1998 until 6 a.m. on December 7, 1998.

FOR FURTHER INFORMATION CONTACT: BMC R. L. Ward, Project Officer, U.S. 
Coast Guard Captain of the Port, 1 Washington Ave., Philadelphia, PA 
19147-4395, Phone: (215) 271-4888.

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. U.S. Army Corps of Engineers, 
Philadelphia District, informed the Coast Guard on September 22, 1998 
that dredging operations would commence on October 6, 1998. Publishing 
a NPRM and delaying its effective date would be contrary to the public 
interest, since immediate action is needed to protect mariners against 
potential hazards associated with the dredging operations in the Marcus 
Hook Range Ship Channel and to modify the anchorage regulations to 
facilitate vessel traffic.

Background and Purpose

    The U.S. Army Corps of Engineers (ACOE) notified the Coast Guard 
that it needed to conduct dredging operations on the Delaware River, in 
the vicinity of the Marcus Hook Range Ship Channel. The dredging is 
needed to maintain the project depth of the channel. Similar dredging 
was conducted in 1995, 1996, and 1997. This period of dredging began 
October 6, 1998 and is anticipated to end on December 7, 1998.
    The reduce the hazards associated with dredging the channel, vessel 
traffic that would normally transit through the Marcus Hook Range Ship 
Channel will be diverted through part of Anchorage 7, reducing 
available anchorage space by approximately one half. Vessels will 
continue to be allowed to anchor in available parts of Anchorage 7 
during the dredging operations; however, permission to anchor must be 
obtained from the Captain of the Port, who will identify those parts of 
Anchorage 7 that are expected to be available.
    For the protection of mariners transiting in the vicinity of 
dredging operations, the Coast Guard is also establishing a moving 
safety zone around the dredging vessel Essex. The safety zone will 
ensure mariners remain a safe distance from the dredging equipment that 
could potentially be dangerous.

Discussion of the Regulation

    Section 110.157(b)(2) allows vessels to anchor for up to 48 hours 
in the anchorages listed in 110.157(a), which includes Anchorage 7. 
However, because of the limited anchorage space available in Anchorage 
7, the Coast

[[Page 55028]]

Guard is adding a temporary paragraph 33 CFR 110.157(b)(11) to provide 
additional requirements and restrictions on vessels utilizing Anchorage 
7. During the effective period, vessels desiring to use Marcus Hook 
Anchorage (7) must obtain permission from the Captain of the Port 
Philadelphia at least 24 hours in advance. The Captain of the Port will 
permit only one vessel at a time to anchor in Anchorage 7 and will 
grant permission on a ``first come, first serve'' basis. A vessel will 
be directed to a location within Anchorage 7 where it may anchor, and 
will not be permitted to remain in the Anchorage 7 for more than 12 
hours.
    The Coast Guard expects that vessels normally permitted to anchor 
in Anchorage 7 will use Anchorage 6 off Deepwater Point or Anchorage 9 
near the entrance to Mantau Creek, because they are the closest 
anchorage to Anchorage 7. To control access to Anchorage 7, the Coast 
Guard is requiring that any vessel desiring to anchor in Anchorage 7 
obtain advance permission from the Captain of the Port. To control 
access to Anchorages 6 and 9, the Coast Guard is requiring that any 
vessel 700 feet or greater in length obtain advance permission from the 
Captain of the Port before anchoring. The Coast Guard is also concerned 
that the holding ground in Anchorages 6 and 9 is not as good as in 
Anchorage 7. Therefore, a vessel 700 to 750 feet in length is required 
to have one tug standing alongside while at anchor, and a vessel of 
over 750 feet in length must have two tugs standing alongside. The 
tug(s) must have sufficient horsepower to prevent a vessel from 
swinging into the channel if necessary.
    The Coast Guard is also establishing a moving safety zone within a 
150-year radius of the dredging operations being conducted in the 
Marcus Hook Range Ship Channel in the vicinity of Anchorage 7 by the 
dredge vessel Essex. The safety zone will protect mariners transiting 
the area from the potential hazards associated with dredging 
operations. Vessels transiting the Marcus Hook Range Ship Channel will 
have to divert from the main ship channel through Anchorage 7, and must 
operate at the minimum safe speed necessary to maintain steerage and 
reduce wake. No vessel may enter the safety zone unless it receives 
permission from the Captain of the Port.

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. The 
Office of Management and Budget has exempted it from review 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. Although this regulation requires certain vessels to have 
at least one tug alongside while at anchor, the requirement only 
applies to vessels 700 feet or greater in length that are anchored in 
Anchorages 6 and 9. Vessels anchoring in Anchorage 7 are not required 
to have assist tugs alongside. Alternate anchorages, such as Anchorage 
A (Breakwater) and Anchorage 1 (Big Stone) in Delaware Bay, are also 
reasonably close and generally available. Vessels anchoring in 
Anchorages A and 1 are typically not required to have tug alongside. 
Furthermore, few vessels 700 feet or greater are expected to enter the 
port during the effective period. The majority of vessels expected are 
less than 700 feet and thus will not be required to have tugs 
alongside. 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 
temporary rule and concluded that under figure 2-1, paragraphs (34)(f)-
(g), of Commandant Instruction M16475.1C, this rule is categorically 
excluded from further environmental documentation. Regulations that 
affect anchorage grounds and establish safety zones are excluded under 
that authority.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism Assessment

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 12612, and has 
determined that this temporary final rule 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), Security measures, 
Vessels, waterways.

Regulation

    In consideration of the foregoing, the Coast Guard amends 33 CFR 
part 110 and CFR part 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, a new temporary paragraph (b)(11) is added to 
read as follows:


Sec. 110.157  Delaware Bay and River.

* * * * *
    (b) * * *
    (11) In addition to the requirements and restrictions of paragraph 
(b)(2), the provisions of this paragraph apply to the anchorages in 
paragraphs (a)(7), (a)(8), and (a)(10).
    (i) Prior to anchoring in Anchorage 7 off Marcus Hook, as described 
in paragraph (a)(8) of this section, a vessel must first obtain 
permission from the Captain of the Port, Philadelphia, at least 24 
hours in advance of arrival. Permission to anchor will be granted on a 
``first-come, first-serve'' basis. The Captain of the Port will allow 
only one vessel at a time to anchor in Anchorage 7, and no vessel may 
remain within Anchorage 7 for more than 12 hours.
    (ii) For Anchorage 6 as described in paragraph (a)(7) of this 
section, and Anchorage 9 as described in paragraph (a)(10) of this 
section.
    (A) Any vessel 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.
    (B) Any vessel from 700 to 750 feet in length shall have on tug 
alongside at all times while the vessel is at anchor.
    (C) Any vessel greater than 750 feet in length shall have two tugs 
alongside at all times while the vessel is at anchor.
    (D) The master, owner, or operator of a vessel at anchor shall 
ensure that any tug(s) required by this section is of sufficient 
horsepower to assist with necessary maneuvers to keep the vessel clear 
of the navigation channel.
    (iii) Captain of the Port of COTP means the Captain of the Port, 
Philadelphia, Pennsylvania or any Coast Guard commissioned, warrant, or 
petty officer authorized to act on his behalf.

[[Page 55029]]

    (iv) This paragraph is effective from October 6, 1998 until 6 a.m. 
on December 7, 1998.
* * * * *

PART 165--[AMENDED]

    3. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1225 and 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.T05-084 us added to read as follows:


Sec. 165.T05-085  Safey Zone: Delaware River, Marcus Hook Range Ship 
Channel.

    (a) Location: The following area is a safety zone: All waters 
within 150 yards of the dredging vessel Essex operating in or near the 
Marcus Hook Range Ship Channel in the vicinity of Anchorage 7.
    (b) Effective Dates: This section is effective from October 6, 1998 
until 6 a.m. on December 7, 1998.
    (c) Regulations: The following regulations shall apply within the 
safety zone.
    (1) In accordance with the general regulations in Sec. 165.23, 
entry into this safety zone is prohibited unless authorized by the 
Captain of the Port. The general requirements of Sec. 165.23 also apply 
to this regulation.
    (2) The operator of any vessel in the safety zone shall proceeded 
as directed by the Captain of the Port.
    (3) The Coast Guard vessel enforcing the safety zone may be 
contacted on channels 13 and 16 VHF-FM. The Captain of the Port, 
Philadelphia may be contacted at telephone number (215) 271-4940.
    (d) Captain of the Port or COTP means The Captain of the Port, 
Philadephia, Pennsylvania or any Coast Guard commissioned, warrant, or 
petty officer authorized to act on his behalf.

    Dated October 1, 1998.
Roger T. Rufe,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 98-27574 Filed 10-13-98; 8:45 am]
BILLING CODE 4910-15-M