[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]
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