[Federal Register Volume 65, Number 60 (Tuesday, March 28, 2000)]
[Proposed Rules]
[Pages 16361-16364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7467]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD05-00-002]
RIN 2115-AA97, AA98


OPSAIL 2000, Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary regulations in 
the Delaware River, Philadelphia, Pennsylvania for OPSAIL 2000 
activities. This action is necessary to provide for the safety of life 
on navigable waters before, during, and after OPSAIL 2000 events. This 
action will restrict vessel traffic in the Delaware River between 
Anchorage 9 (Mantua Creek anchorage) and the Benjamin Franklin Bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before May 12, 2000.

ADDRESSES: You may mail comments and related material to the Waterways 
and Waterfront Facilities Branch, Coast Guard Marine Safety Office/
Group Philadelphia, One Washington Ave., Philadelphia, Pennsylvania 
19147 or deliver them to the same address between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The Waterways and 
Waterfront Facilities Branch, Coast Guard Marine Safety Office/Group 
Philadelphia maintains the public docket for this rulemaking. Comments 
and materials received from the public as well as documents indicated 
in this preamble as being available in the docket, will become part of 
this docket and will be available for inspection or copying at the 
above address between 8:30 a.m. and 2:30 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (junior grade) Kirsten 
Codel, Waterways and Waterfront Facilities Branch, Coast Guard Marine 
Safety Office/Group Philadelphia, at (215) 271-4889.

SUPPLEMENTARY INFORMATION:  

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-00-
002), indicate the specific section of this document to which each 
comment

[[Page 16362]]

applies, and give the reason for each comment. Please submit all 
comments and related material in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying. The comment period for this 
regulation is 45 days. This time period is adequate to allow local 
input because the event is highly publicized and the shortened comment 
period will allow the full 30-day publication requirement prior to the 
final rule becoming effective. If you would like to know they reached 
us, please enclose a stamped, self-addressed postcard or envelope. We 
will consider all comments and material received during the comment 
period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commanding Officer, Coast Guard 
Marine Safety Office/Group Philadelphia, One Washington Ave., 
Philadelphia, Pennsylvania 19147, explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    Philadelphia OPSAIL 2000, Inc., is sponsoring OPSAIL 2000 
activities in the Delaware River, Philadelphia, Pennsylvania. Planned 
events include the arrival of a number of international Tall Ships at 
Anchorage 9 (Mantua Creek anchorage) on June 22, 2000 and a Parade of 
Sail from that anchorage, upriver to the Benjamin Franklin Bridge on 
June 23, 2000.
    The Coast Guard anticipates a large spectator fleet for this event. 
Operators should expect significant vessel congestion along the parade 
route.
    The purpose of these regulations is to promote maritime safety and 
protect participants and the boating public immediately prior to, 
during, and after the scheduled events. The regulations will establish 
a clear parade route for the OPSAIL 2000 vessels, provide a safety 
buffer around the participating vessels while they are at anchor and in 
transit, and in certain anchorage areas, modify existing anchorage 
regulations for the benefit of participants and spectators. The 
regulations will affect the movement of all vessels operating in the 
specified areas of the Delaware River.
    It may be necessary for the Coast Guard to establish safety or 
security zones in addition to these regulations to safeguard 
dignitaries and certain vessels participating in the event. If the 
Coast Guard deems it necessary to establish such zones at a later date, 
the details of those zones will be announced separately via the Federal 
Register, Local Notice to Mariners, Safety Voice Broadcasts, and any 
other means available.
    All vessel operators and passengers are reminded that vessels 
carrying passengers for hire or that have been chartered and are 
carrying passengers may have to comply with certain additional rules 
and regulations beyond the safety equipment requirements for all 
pleasure craft. When a vessel is not being used exclusively for 
pleasure, but rather is engaged in carrying passengers for hire or has 
been chartered and is carrying the requisite number of passengers, the 
vessel operator must possess an appropriate license and the vessel may 
be subject to inspection. The definition of the term ``passenger for 
hire'' is found in 46 U.S.C. 2101(21a). In general, it means any 
passenger who has contributed any consideration (monetary or otherwise) 
either directly or indirectly for carriage onboard the vessel. The 
definition of the term ``passenger'' is found in 46 U.S.C. 2101(21). It 
varies depending on the type of vessel, but generally means individuals 
carried aboard vessels except for certain specified individuals engaged 
in the operation of the vessel or the business of the owner/charterer. 
The law provides for substantial penalties for any violation of 
applicable license and inspection requirements. If you have any 
questions concerning the application of the above law to your 
particular case, you should contact the Coast Guard at the address 
listed in ADDRESSES for additional information.
    Vessel operators are reminded they must have sufficient facilities 
on board their vessels to retain all garbage and untreated sewage. 
Discharge of either into any waters of the United States is strictly 
forbidden. Violators may be assessed civil penalties up to $25,000 or 
face criminal prosecution.
    We recommend that vessel operators visiting the Philadelphia area 
for this event obtain an up to date edition of National Ocean Service 
Chart 12313 to avoid anchoring within a charted cable or pipeline area.
    With the arrival of OPSAIL 2000 and spectator vessels in the 
Philadelphia area for this event, it will be necessary to curtail 
normal port operations to some extent. Interference will be kept to the 
minimum considered necessary to ensure the safety of life on the 
navigable waters immediately before, during, and after the scheduled 
events.

Discussion of Proposed Rule

    The OPSAIL 2000 vessels are scheduled to arrive at Anchorage 9 
(Mantua Creek anchorage) on June 22, 2000. The lead vessel is scheduled 
to begin the Parade of Sail at 9 a.m. on June 23, 2000, and will follow 
a parade route of approximately 8 nautical miles from that anchorage, 
upriver to the Benjamin Franklin Bridge. Two larger OPSAIL 2000 vessels 
which are unable to sail under the Walt Whitman Bridge will depart the 
Parade of Sail in the vicinity of the Schuylkill River and be berthed 
at the Philadelphia Naval Shipyard. The remainder of the OPSAIL 2000 
vessels will be berthed along the Philadelphia, PA and Camden, NJ 
waterfronts as they complete the Parade of Sail.
    The safety of parade participants and spectators will require that 
spectator craft be kept at a safe distance from the parade route during 
these vessel movements. The Coast Guard proposes using safety zones 
along the parade route to keep all vessels not involved in the Parade 
of Sail a safe distance from the OPSAIL 2000 vessels. The parade route 
has been segmented in this rulemaking to facilitate the earliest 
possible reopening of the waterway once all OPSAIL 2000 vessels have 
cleared a particular segment of the route, but portions of the Delaware 
River will remain closed to all traffic until all of the OPSAIL 2000 
vessels are safely moored at their assigned berths or have departed the 
event area.
    The Coast Guard also intends to temporarily modify the existing 
anchorage regulations found at 33 CFR 110.157 to accommodate OPSAIL 
2000 and spectator vessels. Anchorage 9 will be closed to all vessels 
except OPSAIL 2000 vessels that will be using it as the staging area 
for the Parade of Sail. Vessels will not be allowed to anchor in 
Anchorage 10 and Anchorage 11 to enable spectator vessels to safely 
follow the Parade of Sail. The southern portion of Anchorage 13, and 
the northern portion of Anchorage 12 will be closed because they are in 
the portion of the river that the OPSAIL 2000 vessels will be using to 
maneuver in preparation of mooring. The southern portion of Anchorage 
12 will be designated exclusively for spectator vessels.

Regulatory Evaluation

    This proposed 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 not

[[Page 16363]]

reviewed it 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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    The primary impact of these regulations will be on vessels wishing 
to transit the affected waterways during the Parade of Sail on June 23, 
2000. Although these regulations prevent traffic from transiting 
portions of the Delaware River during the event, that restriction is 
limited in duration, affects only a limited area, and will be well 
publicized to allow mariners to make alternative plans for transiting 
the affected area. Moreover, the magnitude of the event itself will 
severely hamper or prevent transit of the waterway, even absent these 
regulations designed to ensure it is conducted in a safe and orderly 
fashion.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to operate or anchor in portions of the Delaware River in the 
vicinity of Philadelphia, Pennsylvania. The regulations would not have 
a significant impact on a substantial number of small entities for the 
following reasons: The restrictions are limited in duration, affect 
only limited areas, and will be well publicized to allow mariners to 
make alternative plans for transiting the affected areas. Moreover, the 
magnitude of the event itself will severely hamper or prevent transit 
of the waterway, even absent these regulations designed to ensure it is 
conducted in a safe and orderly fashion.
    If you think that your business, organization or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant (junior grade) 
Kirsten Codel, Waterways and Waterfront Facilities Branch, Coast Guard 
Marine Safety Office/Group Philadelphia, at (215) 271-4889.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.1C; this proposed rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' will be available in the docket where indicated under 
ADDRESSES. By controlling vessel traffic during these events, this 
proposed rule is intended to minimize environmental impacts of 
increased vessel traffic during the transits of event vessels.

List of Subjects

33 CFR Part 110

    Anchorage grounds.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Parts 110 and 165 as follows:

PART 110--[AMENDED]

    1. The authority citation for Part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).

    2. From 8 a.m. on June 22, 2000 until 4 p.m. on June 23, 2000 
Sec. 110.157 is amended by adding paragraph (d) to read as follows:


Sec. 110.157  Delaware Bay and River

* * * * *
    (d) Not withstanding paragraphs (a) through (c) of this section, 
the following temporary regulations are in effect from 8 a.m. on June 
22, 2000 until 4 p.m. on June 23, 2000 for OPSAIL 2000.
    (1) Anchorage 9 will be closed to all vessels except OPSAIL 2000 
vessels. ``OPSAIL 2000 vessels'' includes all vessels participating in 
Operation Sail 2000 under the auspices of the Marine Event Permit 
submitted for the Port of Philadelphia and approved by the Commander, 
Fifth Coast Guard District.
    (2) No vessel may anchor in Anchorage 10, or Anchorage 13 south of

[[Page 16364]]

the Benjamin Franklin Bridge, without permission of the Captain of the 
Port.
    (3) No vessel may anchor in Anchorage 11 after 1 a.m. on June 23, 
2000 without permission of the Captain of the Port.
    (4) Anchorage 12:
    (i) No vessel may anchor north of latitude 39 deg. 55'41'' N 
without permission of the Captain of the Port.
    (ii) South of latitude 39 deg. 55'41'' N is designated for the 
exclusive use of spectator vessels. ``Spectator vessels'' includes any 
vessel, commercial or recreational, being used for pleasure or carrying 
passengers, that is in the Port of Philadelphia to observe part or all 
of the events attendant to OPSAIL 2000.

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. Section 165.100 is 
also issued under authority of Sec. 311, Pub. L. 105-383.

    4. Add temporary Sec. 165.T05-002 to read as follows:


Sec. 165.T05-002  Safety Zone; OPSAIL 2000, Delaware River, 
Philadelphia, PA.

    (a) Definitions. (1) Captain of the Port means the Commanding 
Officer of the Coast Guard Marine Safety Office/Group Philadelphia or 
any Coast Guard commissioned, warrant, or petty officer who has been 
authorized by the Captain of the Port to act on his behalf.
    (2) Coast Guard Patrol Commander is a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
Commanding Officer, Coast Guard Marine Safety Office/Group 
Philadelphia.
    (3) OPSAIL 2000 Vessels includes all vessels participating in 
Operation Sail 2000 under the auspices of the Marine Event Permit 
submitted for the Port of Philadelphia and approved by Commander, Fifth 
Coast Guard District.
    (b) Location. The following areas are Safety Zones:
    (1) Parade of Sail--First Segment: This moving safety zone includes 
all waters from 500 yards forward of the lead OPSAIL 2000 vessel to 100 
yards aft of the last OPSAIL 2000 vessel, and extending 50 yards 
outboard of each OPSAIL 2000 vessel participating in the Parade of 
Sail. This safety zone will move with the Parade of Sail as it transits 
the Delaware River from Anchorage 9 (Mantua Creek anchorage) to the 
Walt Whitman Bridge.
    (2) Parade of Sail--Second Segment: All waters of the Delaware 
River, from shoreline to shoreline, bounded on the south by the Walt 
Whitman Bridge and on the north by the Benjamin Franklin Bridge with 
the exception of the southern portion of Anchorage 12, defined as that 
portion of the anchorage south of latitude 39 deg. 55'41'' N.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec. 165.23 of this part.
    (2) No person or vessel may enter or navigate within these 
regulated areas unless authorized to do so by the Coast Guard Patrol 
Commander. Any person or vessel authorized to enter the regulated area 
must operate in strict conformance with any directions given by the 
Captain of the Port and leave the regulated area immediately if the 
Coast Guard Patrol Commander so orders.
    (3) The Coast Guard vessels enforcing this section can be contacted 
on VHF Marine Band Radio, channels 13 and 16. The Captain of the Port 
can be contacted at telephone number (215) 271-4940.
    (4) The Coast Guard Patrol Commander will notify the public of 
changes in the status of these zones by Marine Safety Radio Broadcast 
on VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (d) Effective dates: This section is effective from 8 a.m. to 4 
p.m. on June 23, 2000.

    Dated: March 10, 2000.
J.E. Shkor,
Vice Admiral, U.S. Coast Guard, Commander Fifth Coast Guard District.
[FR Doc. 00-7467 Filed 3-27-00; 8:45 am]
BILLING CODE 4910-15-U