[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]


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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, PA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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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]
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