[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Proposed Rules]
[Pages 9977-9978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5103]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 100
[CGD 05-98-002]
RIN 2115-AE46
Special Local Regulations for Marine Events; Delaware River,
Philadelphia, Pennsylvania
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend permanent special local
regulations established for marine events held annually in the Delaware
River adjacent to Penns Landing, Philadelphia, Pennsylvania, by
increasing the regulated area and by identifying specific events for
which the regulated area will be in effect. This action is intended to
update the regulation in order to enhance the safety of life and
property during the events.
DATES: Comments must be received on or before April 28, 1998.
ADDRESSES: Comments may be mailed to Commander (Aoax), Fifth Coast
Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004,
or hand delivered to Room 119 at the same address between 7:30 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The telephone
number is (757) 398-6204. Comments will become part of this docket and
will be available for inspection and copying at the above address.
FOR FURTHER INFORMATION CONTACT:
S.L. Phillips, Project Manager, Operations Division, Auxiliary Section,
at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written views, data, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD OS-98-002) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in
[[Page 9978]]
view of the comments. The Coast Guard plans no public hearing. Persons
may request a public hearing by writing to the address listed under
ADDRESSES. The request should include the reasons why a hearing would
be beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
33 CFR 100.509 establishes special local regulations for marine
events held annually in the Delaware River adjacent to Penns Landing,
Philadelphia, Pennsylvania. The purpose of these regulations is to
control vessel traffic during marine events to enhance the safety of
participants, spectators, and transiting vessels. In the past, these
regulations were implemented at various times for various events
throughout the year by publishing a notice in the Federal Register. The
Coast Guard is concerned that the lengthy process cycle time required
to implement the regulated area in this manner may unnecessarily burden
event sponsors. Incorporating a table that identifies the specific
events during which the regulated area will be in effect, will
streamline the marine event permit process and significantly reduce
process cycle time.
The majority of marine events for which the regulations will be in
effect involve a parade of boats, consisting of approximately 40 to 50
vessels ranging in length from 20' to 200'. The Coast Guard is
concerned that the current size of the regulated area may not be
adequate to ensure the safety of these events, because the size and
number of participating vessels continues to expand. The Coast Guard is
also concerned that vessel operators have had difficulty in determining
the position of the existing southern boundary of the regulated area
due to the lack of easily identifiable landmarks. The Walt Whitman
Bridge is easily identifiable and in close proximity to the current
southern boundary.
Discussion of Proposed Amendments
The Coast Guard proposes to amend the special local regulations
previously established for this event area by increasing the size of
the regulated area to include those waters of the Delaware River
between the Benjamin Franklin Bridge and the Walt Whitman Bridge, and
by incorporating a table that identifies the specific events during
which the regulated area will be in effect. Since the Coast Guard
Patrol Commander may stop any event to assist transit of vessels
through the regulated area, normal marine traffic should not be
severely disrupted.
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 impact on routine navigation is expected to be
minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
Entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). Because it expects the impact of this proposal to be
minimal, 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.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.b.2.e(34)(h) of Commandant
Instruction M16475.1b (as amended, 61 FR 13564; 27 March 1996), this
proposal is categorically excluded from further environmental
documentation.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--[AMENDED]
1. The authority citation for part 100 continues to read as
follows:
Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.
2. Section 100.509 is amended by revising paragraphs (a)(1),
(b)(2), introductory text, and (c) and adding Table 1 to read as
follows:
Sec. 100.509 Delaware River, Philadelphia, Pennsylvania.
(a) * * *
(1) Regulated Area: The waters of the Delaware River from shore to
shore, bounded to the south by the Walt Whitman Bridge and bounded to
the north by the Benjamin Franklin Bridge.
* * * * *
(b) * * *
(1) * * *
(2) The operator of any vessel in this area shall: * * *
* * * * *
(c) Effective Period: This section is effective annually for the
duration of each marine event listed in Table 1, or as otherwise
specified in the Coast Guard Local Notice to Mariners and a Federal
Register notice. The Coast Guard Patrol Commander will announce by
Broadcast Notice to Mariners the specific time periods during which the
regulations will be enforced.
Table 1 of Sec. 100.509
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Welcome America Celebration:
Sponsor: Welcome America!
Date: On or about July 4.
Columbus Day Celebration:
Sponsor: Roberts Event Group.
Date: On or about Columbus Day.
New Years Eve Celebration:
Sponsor: City of Philadelphia.
Date: December 31.
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Dated: February 12, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, USCG Commander Atlantic Area.
[FR Doc. 98-5103 Filed 2-26-98; 8:45 am]
BILLING CODE 4910-14-M
