[Federal Register Volume 63, Number 153 (Monday, August 10, 1998)]
[Rules and Regulations]
[Pages 42579-42580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21339]
=======================================================================
-----------------------------------------------------------------------
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, PA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending 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: This final rule is effective on September 9, 1998.
FOR FURTHER INFORMATION CONTACT:
S.L. Phillips, Project Manager, Operations Division, Auxiliary Section,
at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory History
On February 27, 1998, the Coast Guard published a notice of
proposed rulemaking entitled Special Local Regulations for Marine
Events; Delaware River, Philadelphia, Pennsylvania, in the Federal
Register (63 FR 9977). The Coast Guard received no comments on the
proposed rulemaking. No public hearing was requested, and none was
held.
Background and Purpose
33 CFR 100.509 established special local regulations for marine
events held annually in Delaware River adjacent to Penns Landing,
Philadelphia, Pennsylvania. The purpose of these regulations is to
control vessel traffic during marine events to enhance the
[[Page 42580]]
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 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.
The Coast Guard is amending 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 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.
Discussion of Comments and Changes
The Coast Guard received no comments on the proposed rulemaking.
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. 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
final rule to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-602), the Coast
Guard must consider whether this rule 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 rule to be minimal, the Coast
Guard certifies under Section 605(b) of the Regulatory Flexibility Act
(5 U.S.C. 601-602) that this final rule will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This final rule contains no collection of information requirement
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under figure 2-1, paragraph (34)(h) of COMDTINST
M16475.1C, this rule is categorically excluded from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine parade are excluded under that
authority.
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 amends 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) * * *
(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
Welcome America Celebration
Sponsor: Welcome America!
Date: On or about July 4
Columbus Day Celebration
Sponsor: Roberts Event Group
Date: On or bout Columbus Day
New Year's Eve Celebration
Sponsor: City of Philadelphia
Date: December 31
Dated: July 14, 1998.
Robert T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 98-21339 Filed 8-7-98; 8:45 am]
BILLING CODE 4910-15-M
